Tyson v. United States
Plaintiff: Patrick J. Tyson and Patrick Tyson
Defendant: Denis McDonough and United States
Case Number: 4:2023cv00981
Filed: November 1, 2023
Court: US District Court for the Eastern District of Texas
Presiding Judge: Aileen Goldman Durrett
Referring Judge: Sean D Jordan
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2023 Filing 32 SUMMONS Returned Executed United States (US Attorney EDTX) served on 12/11/2023. (rpc, )
December 20, 2023 Filing 31 EMERGENCY RESPONSE to #27 Affidavit of Service, #30 Order on Motion for Miscellaneous Relief,,, Order on Motion for Hearing,,,,,, Order on Motion for Preliminary Injunction,,,,, #21 Additional Attachments to Main Document, #18 Amended Complaint, #25 Report of Rule 26(f) Planning Meeting, #26 Motion to Seal Document, #23 Summons Issued as to USA, #24 Order on Motion for Miscellaneous Relief filed by Patrick Tyson. (Attachments: #1 Additional Attachment(s) Certificate of Service, #2 Additional Attachment(s) Emergency Oral Hearing, #3 Proposed Order)(Tyson, Patrick)
December 13, 2023 Opinion or Order Filing 30 ORDER. It is ORDERED that Plaintiff's Motion for an Injunction (Dkt. #16 ), Emergency Motion for Preliminary Hearing (Dkt. #20 ), Motion for Emergency Injunctive Hearing and Relief (Dkt. #22 ), and Emergency Motion for Preliminary Injunction (Dkt. #28 are DENIED without prejudice as to refiling. Because the court denied Plaintiff's Emergency Motion for Preliminary Injunction (Dkt. #28 ), the hearing unilaterally set by Plaintiff for December 14, 2023 (Dkt. #29 ) is also DENIED. Signed by Magistrate Judge Aileen Goldman Durrett on 12/13/2023. (xl, )
December 12, 2023 Filing 29 EMERGENCY MOTION for Hearing re #28 EMERGENCY MOTION for Preliminary Injunction , #27 Affidavit of Service, #26 MOTION to Seal Document #22 MOTION for Hearing, #21 Additional Attachments to Main Document, #18 Amended Complaint, #20 MOTION for Hearing, #16 MOTION , #18 Amended Complaint by Patrick Tyson. (Attachments: #1 Proposed Order, #2 Additional Attachment(s))(Tyson, Patrick)
December 5, 2023 Filing 28 EMERGENCY MOTION for Preliminary Injunction by Patrick Tyson. (Attachments: #1 Additional Attachment(s))(Tyson, Patrick)
December 5, 2023 Filing 27 AFFIDAVIT of Service for Motion to Seal/Emergency Montion served on United States on 12/05/2023, filed by Patrick Tyson. (Attachments: #1 Additional Attachment(s), #2 Additional Attachment(s), #3 Additional Attachment(s), #4 Additional Attachment(s))(Tyson, Patrick)
December 5, 2023 Filing 26 MOTION to Seal Document #22 MOTION for Hearing, #21 Additional Attachments to Main Document, #18 Amended Complaint, #20 MOTION for Hearing, #16 MOTION by Patrick Tyson. (Attachments: #1 Proposed Order)(Tyson, Patrick)
November 28, 2023 Filing 25 Correspondence to the Court from Patrick Tyson. (Attachments: #1 Exhibit Sum Amount to Support Administrative Correspondence, #2 Exhibit Copy of Claim Attachment in the Electronic Administrative Correspondence to the VA Secretary, #3 Exhibit Housebound Benefits Entitlements)(Tyson, Patrick) Modified docket text on 12/1/2023 (rpc, ).
November 20, 2023 Opinion or Order Filing 24 ORDER granting #19 Motion to File Electronically. Signed by Magistrate Judge Aileen Goldman Durrett on 11/20/2023. (rpc, )
November 15, 2023 Filing 23 Summons Issued as to United States, U.S. Attorney and U.S. Attorney General and forwarded along with the USM-285 to the US Marshal for service. (Attachments: #1 Summons)(xl, )
November 14, 2023 Filing 22 MOTION for Emergency Injunctive Hearing and Relief by Patrick J. Tyson. (xl, )
November 14, 2023 Filing 21 Additional Attachments to Main Document: #18 Second Amended Complaint. (xl, )
November 13, 2023 Filing 20 EMERGENCY MOTION for Preliminary Hearing by Patrick J. Tyson. (xl, )
November 13, 2023 Filing 19 MOTION to File Electronically by Patrick J. Tyson. (xl, )
November 13, 2023 Filing 18 SECOND AMENDED COMPLAINT against United States. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(xl, )
November 8, 2023 Opinion or Order Filing 17 ORDER granting #15 Motion for Leave to Proceed in forma pauperis. It is further ORDERED that Plaintiff shall prepare service of process on Defendant in accordance with the Federal Rules of Civil Procedure and the Local Rules for the United States District Court for the Eastern District of Texas within thirty (30) days of receiving this Order. It is further ORDERED that the Clerk of the Court shall issue process and the United States Marshal shall serve process upon Defendant within thirty (30) days of receiving completed process from the Clerk of the Court. Signed by Magistrate Judge Aileen Goldman Durrett on 11/8/2023. (rpc, )
November 7, 2023 Filing 16 MOTION FOR INJUNCTION by Patrick J. Tyson. (xl, )
November 7, 2023 Filing 15 MOTION for Leave to Proceed in forma pauperis by Patrick J. Tyson. (xl, )
November 7, 2023 Filing 13 Non-prisoner pro se consent to receive electronic notice filed by Patrick J. Tyson. (xl, )
November 1, 2023 Filing 12 Case Assigned to District Judge Sean D. Jordan and Referred to Magistrate Judge Aileen Goldman Durrett. (Attachments: #1 Magistrate Referral) (rpc, )
November 1, 2023 Filing 11 Case transferred in from District of Texas Northern; Case Number 4:23-cv-01057. Original file certified copy of transfer order and docket sheet received.
November 1, 2023 Note: Pursuant to Local Rule CV 7(j), any motions pending in another federal or state court made by any party will be considered moot at the time of transfer or removal unless they are re-urged in this court. (rpc, )
November 1, 2023 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, )
October 31, 2023 Opinion or Order Filing 10 ORDER TRANSFERRING CASE: Case transferred to Sherman Division of Eastern District of Texas. (Ordered by Magistrate Judge Hal R. Ray, Jr on 10/31/2023) (bdb) [Transferred from Texas Northern on 11/1/2023.]
October 23, 2023 Filing 9 NOTICE of Docket Text/Document Modification. Document 9 filed on 10/23/2023 was removed from the Court's docket and will be retained by the Clerk's Office in the appropriate file. [Transferred from Texas Northern on 11/1/2023.]
October 19, 2023 Filing 8 ADDITIONAL ATTACHMENTS to Order Receipt, #2 Motion for Leave to Proceed in forma pauperis, #5 Notice and Instruction to Pro Se Party, #6 Amended Complaint,, #7 Additional Attachments to Main Document, #3 Cert. Of Interested Persons/Disclosure Statement by Plaintiff Patrick J. Tyson. (Attachments: #1 Additional Page(s) National Personnel Records Consent) (Tyson, Patrick) [Transferred from Texas Northern on 11/1/2023.]
October 19, 2023 Filing 7 ADDITIONAL ATTACHMENTS to Order Receipt, #2 Motion for Leave to Proceed in forma pauperis, #6 Amended Complaint,, #3 Cert. Of Interested Persons/Disclosure Statement, #1 Complaint,, by Plaintiff Patrick J. Tyson. (Attachments: #1 Additional Page(s) Consent to release Naval Records) (Tyson, Patrick) [Transferred from Texas Northern on 11/1/2023.]
October 18, 2023 Filing 6 AMENDED COMPLAINT WITH JURY DEMAND against All Parties filed by Patrick J. Tyson. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Tyson, Patrick) [Transferred from Texas Northern on 11/1/2023.]
October 17, 2023 Filing 5 Notice and Instruction to Pro Se Party (mmw) [Transferred from Texas Northern on 11/1/2023.]
October 17, 2023 Filing 4 New Case Notes: A filing fee has not been paid. CASREF case referral set (see Special Order 3). Magistrate Judge Ray preliminarily assigned. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) File to: Appropriate Staff Attorney. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. Motion(s) referred to Magistrate Judge Hal R. Ray, Jr. (mmw) [Transferred from Texas Northern on 11/1/2023.]
October 17, 2023 Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Patrick J. Tyson. (Clerk QC note: No affiliate entered in ECF). (mmw) [Transferred from Texas Northern on 11/1/2023.]
October 17, 2023 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Patrick J. Tyson (mmw) [Transferred from Texas Northern on 11/1/2023.]
October 17, 2023 Filing 1 COMPLAINT against Denis McDonough filed by Patrick J. Tyson. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (mmw) [Transferred from Texas Northern on 11/1/2023.]
October 17, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:4, 5. Tue Oct 17 15:29:53 CDT 2023 (crt) [Transferred from Texas Northern on 11/1/2023.]

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Plaintiff: Patrick J. Tyson
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