Rhodes v. USA Today et al
| Elmer Stewart Rhodes, III |
| USA TODAY, Gannett Co Inc doing business as USA TODAY, Will Carless and Tasha Adams |
| 4:2025cv01196 |
| October 31, 2025 |
| U.S. District Court for the Eastern District of Texas |
| Bill Davis |
| Sean D Jordan |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 29, 2026. A more recent docket listing may be available from PACER.
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Filing 9
ORDER. More than 90 days ago, plaintiff Elmer Stewart Rhodes, III, filed a complaint against several defendants. Dkt. #3 . The defendants have not appeared, and no executed summonses have been returned for them. To avoid dismissal under Rule 4(m), if more than 90 days are necessary for service of process, the plaintiff must execute a verified petition regarding service of process, advising the court: 1) that the case should not be dismissed as to the unserved defendants; 2) that the failure to serve the unserved defendants is not due to the fault of the party or counsel seeking to avoid dismissal; 3) of the reasons the case against the unserved defendants should not be dismissed, set forth in detail and demonstrating good cause; and 4) that service will be effected on the unserved defendants within 30 days of the date of the petition. It is ORDERED that the plaintiff file the petition within 14 days of the docketing of this order. If dismissal of the case as to the unserved defendants is satisfactory to the plaintiff, or if the plaintiff cannot accurately make one or more of the representations noted above, no action is required. Failure to respond will result in dismissal of the claims against the unserved defendants for failure to prosecute. Signed by Magistrate Judge Bill Davis on 4/2/2026. (jmb)
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| Clerk's Notice of Mailing - Doc(s) #9 mailed to Elmer Stewart Rhodes, III at the address indicated on the NEF unless otherwise indicated. Mail type: Regular. (jmb) |
| Filing fee: $ 405, receipt number 27UBEEP5. Fee received on 12/31/2025 (psm) |
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Filing 8
Standing Order on Motions to Seal in Civil Cases. Signed by District Judge Sean D. Jordan on 12/15/2025. (lrl)
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| Clerk's Notice of Mailing - Doc(s) #8 mailed to Plaintiff at the address indicated on the NEF unless otherwise indicated. Mail type: Regular. (mmc) |
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Filing 7
ORDER: It is ORDERED that, within 30 days of the entry of this order, Rhodes must either pay the filing fee or submit an application to proceed in forma pauperis. Signed by Magistrate Judge Bill Davis on 12/3/2025. (mmc)
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| Clerk's Notice of Mailing - Doc(s) #7 mailed to Plaintiff at the address indicated on the NEF unless otherwise indicated. Mail type: Regular. (mmc) |
| Filing 6 Case assigned to District Judge Sean D. Jordan and referred to Magistrate Judge Bill Davis. (Attachments: #1 Magistrate Referral) (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. (Copy of the notice to be sent by US Mail to parties not electronically noticed.) (rpc) |
| 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) |
| Filing 5 Case transferred in from District of Texas Northern; Case Number 3:25-cv-02924. Original file certified copy of transfer order and docket sheet received. Pursuant to LR CV-7(j), other than in a prisoner case, any motion pending in the transferor district is considered moot, has been terminated, and must be re-urged to be considered in this district. |
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Filing 4
Order Transferring to Another District: Case transferred to Sherman Division Division of Eastern District of Texas. (Ordered by Magistrate Judge Rebecca Rutherford on 10/30/2025) (knb) [Transferred from Texas Northern on 10/31/2025.]
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| Filing 3 COMPLAINT WITH JURY DEMAND against Tasha Adams, Will Carless, Gannett Co Inc, USA Today filed by Elmer Stewart Rhodes, III. 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. (cfk) [Transferred from Texas Northern on 10/31/2025.] |
| Filing 2 Notice and Instruction to Pro Se Party. (cfk) [Transferred from Texas Northern on 10/31/2025.] |
| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Rutherford (see Special Order 3). Case received over counter or electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (cfk) [Transferred from Texas Northern on 10/31/2025.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Wed Oct 29 14:21:24 CDT 2025 (crt) [Transferred from Texas Northern on 10/31/2025.] |
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