Ellsworth III et al v. Marx et al
| Howard Lawrence Ellsworth III and Theresa Lynn Ellsworth |
| Allan Marx, Michael E. Dvorak, Gregory Wilson, Darrin W. Tanner, Maurine Henry, Jason Cave, J.D., Wendell Jones, Kendrick Brown and UNITED STATES OF AMERICA |
| 4:2025cv00692 |
| July 1, 2025 |
| U.S. District Court for the Eastern District of Texas |
| J Campbell Barker |
| John D Love |
| Civil Rights: Other |
| 28 U.S.C. § 1346 Tort Claim |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 28, 2025. A more recent docket listing may be available from PACER.
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Filing 15
ORDER adopting Report and Recommendation for #13 Report and Recommendation. Plaintiffs' motion to proceed IFP on appeal (Doc. #12 ) is denied. Signed by District Judge J. Campbell Barker on 10/28/2025. (rpc)
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| NOTICE of Docketing Notice of Appeal from USCA re #10 Notice of Appeal filed by Howard Lawrence Ellsworth III, Theresa Lynn Ellsworth. USCA Case Number 25-40653. (rpc) |
| Filing 14 OBJECTION to #13 Report and Recommendation by Theresa Lynn Ellsworth, Howard Lawrence Ellsworth III. (rpc) |
| Filing 13 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. The court RECOMMENDS that Appellants' motion for leave to proceed IFP on appeal (Doc. No. #12 ) be DENIED. Objections due within 14 days of receipt. Signed by Magistrate Judge John D. Love on 10/9/2025. (rpc) |
| Filing 12 MOTION for Leave to Appeal in forma pauperis by Theresa Lynn Ellsworth, Howard Lawrence Ellsworth III. (Attachments: #1 Appellant's Statement)(rpc) |
| Filing 11 Appellant's Statement of Issues on Appeal by Theresa Lynn Ellsworth, Howard Lawrence Ellsworth III re #10 Notice of Appeal (rpc) |
| Filing 10 NOTICE OF APPEAL as to #9 Final Judgment by Theresa Lynn Ellsworth, Howard Lawrence Ellsworth III. (rpc) |
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Filing 9
FINAL JUDGMENT. The court, having rendered its decision by separate order, hereby enters judgment that plaintiffs' case is dismissed with prejudice. The clerk of court is directed to close this case. Signed by District Judge J. Campbell Barker on 8/19/2025. (rpc)
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Filing 8
ORDER adopting Report and Recommendation. Plaintiffs' claims are dismissed with prejudice, and plaintiffs' emergency motion for a temporary restraining order (Doc. #4 ) is denied. Any pending motions are denied as moot. Signed by District Judge J. Campbell Barker on 8/19/2025. (rpc)
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| Filing 7 OBJECTION to #6 Report and Recommendation by Theresa Lynn Ellsworth, Howard Lawrence Ellsworth III. (xl) |
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Filing 6
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. The court RECOMMENDS that Plaintiffs' complaint (Doc. No. #1 ) be DISMISSED with prejudice and that Plaintiffs' motion for a temporary restraining order (Doc. No. #4 ) be DENIED. Plaintiffs are further warned that continued filing of duplicative cases in this court will result in appropriate sanctions. Objections due within 14 days of receipt. Signed by Magistrate Judge John D. Love on 7/9/2025. (rpc)
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| Filing 5 Non-prisoner pro se consent to receive electronic notice filed by Theresa Lynn Ellsworth, Howard Lawrence Ellsworth III. (Attachments: #1 Consent Form)(rpc) |
| Filing 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunctive Relief by Theresa Lynn Ellsworth, Howard Lawrence Ellsworth III. (rpc) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Theresa Lynn Ellsworth, Howard Lawrence Ellsworth III. (rpc) |
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Filing 2
ORDER REGULATING PRACTICE. Ordered by District Judge J. Campbell Barker. Signed by District Judge J. Campbell Barker on 7/1/2025. (rpc)
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| Filing 1 COMPLAINT against Kendrick Brown, Jason Cave, J.D., Michael E. Dvorak, Maurine Henry, Wendell Jones, Allan Marx, Darrin W. Tanner, UNITED STATES OF AMERICA, Gregory Wilson, filed by Theresa Lynn Ellsworth, Howard Lawrence Ellsworth III. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 12-1, #15 Exhibit 12-2, #16 Exhibit 13 (usb drive), #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 15-1, #20 Exhibit 15-2, #21 Exhibit 16, #22 Exhibit 17, #23 Exhibit 18, #24 Exhibit 19, #25 Exhibit 20, #26 Exhibit 21, #27 Exhibit 22, #28 Exhibit 23, #29 Exhibit 24, #30 Exhibit 25, #31 Exhibit 26, #32 Exhibit 27, #33 Exhibit 28, #34 Exhibit 29, #35 Exhibit 30, #36 Exhibit 31, #37 Exhibit 32, #38 Exhibit 33, #39 Exhibit 34, #40 Exhibit 35, #41 Exhibit 36, #42 Exhibit 37, #43 Exhibit 38 (usb drive), #44 Exhibit 39 (usb drive), #45 Civil Cover Sheet)(rpc) |
| Case assigned to District Judge J. Campbell Barker and Referred to Magistrate Judge John D. Love. (rpc) |
| 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) |
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