America v. The Governor of Texas et al
| Freddie America and Freddie L. Lopez |
| The Governor of Texas, The Chief Appraiser of Collin County and the Board Members of the Collin County Appraisal Review Board |
| 4:2026cv00004 |
| January 2, 2026 |
| U.S. District Court for the Eastern District of Texas |
| Sherman Office |
| Christine L Stetson |
| Michael J Truncale |
| Constitutional - State Statute |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| Filing 32 REPORT AND RECOMMENDATION to grant #31 MOTION to Dismiss filed by The Chief Appraiser of Collin County, #29 MOTION to Dismiss filed by The Chief Appraiser of Collin County. Objections due within 14 days of receipt. Signed by Magistrate Judge Christine L. Stetson on 6/16/2026. (CLC) |
| Clerk's Notice of Mailing - Doc(s) #32 mailed to Freddie America at the address indicated on the NEF unless otherwise indicated. Mail type: Regular. (CLC) |
| Filing 31 MOTION to Dismiss by The Chief Appraiser of Collin County. (Attachments: #1 Proposed Order)(Walsh, Mark) |
Filing 30
ORDER adopting Report and Recommendation of the Magistrate Judge. It is ORDERED that the Report and Recommendation [Dkt. #27 ] is ADOPTED. The Comptroller and Commissioner's Motion to Dismiss [Dkt. #16 ] is hereby GRANTED. It is further ORDERED that the Clerk of Court (1) STRIKE Plaintiff's First Amended Complaint [Dkt. #23 ] and (2) TERMINATE the Comptroller of Public Accounts and the Commissioner of Education as parties in this action. Plaintiff's claims against the Governor, the Chief Appraiser, and the Board Members of the Appraisal Review Board remain pending. Signed by District Judge Michael J. Truncale on 4/30/2026. (CLC)
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| Filing 29 MOTION to Dismiss by The Chief Appraiser of Collin County. (Attachments: #1 Proposed Order)(Walsh, Mark) |
| Filing 28 FIRST OBJECTION to #27 Report and Recommendations Freddie America on going injury exhibit included by Freddie America. (Lopez, Freddie) |
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Filing 27
REPORT AND RECOMMENDATION of United States Magistrate Judge. It is RECOMMENDED that the district court GRANT the Comptroller and Commissioner's motion to dismiss #16 . It is FURTHER RECOMMENDED that the district court STRIKE Plaintiff's proposed amended complaint (doc. #23 ) from the docket. Last, it is ORDERED that Plaintiff's motion for leave (doc. #25 ) is DENIED as moot. Objections due within 14 days of receipt. Signed by Magistrate Judge Christine L. Stetson on 4/15/2026. (CLC)
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| Clerk's Notice of Mailing - Doc(s) #27 mailed to Freddie America at the address indicated on the NEF unless otherwise indicated. Mail type: Regular. (CLC) |
| Filing 26 Additional Attachments to Main Document: #25 MOTION for Leave to File Plaintiffs Freddie. Freddie America Exhibit A. (Lopez, Freddie) |
| Filing 25 MOTION for Leave to File Plaintiffs Freddie by Freddie America. (Lopez, Freddie) Modified terminated per Order 27 on 6/12/2026 (bmf). |
| Filing 24 REPLY to Response re #16 MOTION to Dismiss filed by The Commissioner of Education, The Texas Comptroller of Public Accounts. (Christie, Peter) |
| Filing 23 ***STRICKEN PER DKT #30 ***Plaintiffs First Amended Complaint. (Lopez, Freddie) Modified text on 3/30/2026 (CLC). Modified on 5/1/2026 (CLC). |
| Filing 22 RESPONSE in Opposition re #16 MOTION to Dismiss Plaintiffs Response in opposition to motion to dismiss filed by Freddie America. (Lopez, Freddie) |
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Filing 21
ORDER denying #20 Motion to Vacate Judgment. It is FURTHER ORDERED that Plaintiff shall have fourteen (14) days from entry of this order to file a proper response to the Comptroller and Education Commissioner's motion to dismiss. Signed by Magistrate Judge Christine L. Stetson on 3/27/2026. (CLC)
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| Clerk's Notice of Mailing - Doc(s) #21 mailed to Freddie America at the address indicated on the NEF unless otherwise indicated. Mail type: Regular. (CLC) |
| Filing 20 MOTION to Vacate Judgment pursuant to Rule 60(b) by Freddie America. (Lopez, Freddie) |
| Filing 19 Non-prisoner pro se consent to receive electronic notice filed by Freddie America. (CLC) |
| Filing 18 Summons returned executed by Freddie America. The Chief Appraiser of Collin County served on 12/17/2025; The Commissioner of Education served on 12/18/2025; The Texas Comptroller of Public Accounts served on 12/18/2025. (Attachments: #1 Summons Return, #2 Summons Return)(CLC) |
| Filing 17 Summons returned unexecuted by Freddie America as to The Governor of Texas. (CLC) |
| Filing 16 MOTION to Dismiss by The Commissioner of Education, The Texas Comptroller of Public Accounts. (Attachments: #1 Proposed Order)(Christie, Peter) |
| Filing 15 CORRECTED ANSWER to #1 Complaint,, by The Chief Appraiser of Collin County.(Walsh, Mark) |
| Clerk's LR CV-5(a)(5) Notice of Deficiency as to #12 ANSWER to #1 COMPLAINT filed by The Chief Appraiser of Collin County. - The filing does not contain a signature. Please refile with the /s/ Typed Name or a Graphical Signature of Pro Se Party. Recommended cure: Within one day, Filer must refile with the word Corrected in the title of the document. The filer should use the same ECF event and if offered the docket text enhancement dropdown, select CORRECTED (or add the word) so it will also appear in the docket text or type the word CORRECTED in the docket text box at the beginning of the text. (CLC) |
| Filing 14 Summons issued as to The Governor of Texas. (CLC) |
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TEXT ONLY: ORDER granting #13 Defendants Motion to Extend Responsive Pleading Deadline for Plaintiffs Complaint. (Doc. #1 Defendants Texas Comptroller fo Public Accounts and Texas Commissioner of Education deadline to respond to Plaintiffs Complaint is extended to February 6, 2026. The parties are DIRECTED to E.D. TEX LOC. R. CV-12, Section I: Civil Rules | Eastern District of Texas | United States District Court, which states in this district, when a party seeks an extension to file their responsive pleading and the request is (1) is not opposed; and (2) does not result in an overall extension of the defendants deadline exceeding forty-five days, the request shall be by application to the clerk, not motion.. Signed by Magistrate Judge Christine L. Stetson on 1/7/2026. (saw) Modified on 1/7/2026 (saw).
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| Filing 13 UNOPPOSED MOTION for Extension of Time to File Answer by The Commissioner of Education, The Texas Comptroller of Public Accounts. (Attachments: #1 Proposed Order Proposed Order)(Christie, Peter) |
| Filing 12 ANSWER to #1 Complaint, by The Chief Appraiser of Collin County.(Walsh, Mark) Terminated with Corrected document filed as #15 on 1/16/2026 (CLC). |
| Clerk's Notice of Mailing - Doc(s) #11 mailed to Freddie America at the address indicated on the NEF unless otherwise indicated. Mail type: Regular. (CLC) |
| Case assigned to District Judge Michael J. Truncale and Magistrate Judge Christine L. Stetson. (CLC) |
| Filing 11 Case: America v. The Governor of Texas et al was filed on 1/2/2026 and assigned to District Judge Truncale and referred to Magistrate Judge Stetson. (Clerk Reminder - Ensure this entry and the attached Non-prisoner Pro Se Instructions, Invitation to a Non-Prisoner Pro Se to E-Filing/Consent to Electronic Notice, and Notice Regarding Consent to Proceed Before a Magistrate Judge are sent to Pro Se.) (CLC) |
| Filing 10 Case transferred in from District of Texas Northern; Case Number 4:25-cv-01407. 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 9
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The undersigned Chief District Judge believes that the #8 Findings and Conclusions of the Magistrate Judge are correct, and they are accepted as the Findings and Conclusions of the Court. Accordingly, it is ORDERED that this action is transferred to the United States District Court for the Eastern District of Texas, Sherman Division. (Ordered by Chief District Judge Reed O'Connor on 1/2/2026) (saw) [Transferred from Texas Northern on 1/2/2026.]
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Fri Jan 2 13:14:35 CST 2026 (crt) [Transferred from Texas Northern on 1/2/2026.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Wed Dec 17 09:34:52 CST 2025 (crt) [Transferred from Texas Northern on 1/2/2026.] |
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Filing 8
Findings and Recommendations on Case re: #1 : This case concerns property that is in Collin County. See, e.g., ECF No. #1 at 4. (Plaintiff Freddie America... is a homeowner and taxpayer in Collin County, Texas. He lives under the shadow of an unconstitutional tax system that threatens his home with lien and foreclosure.). The undersigned can discern no connection to the Northern District of Texas in Mr. America's complaint. See generally ECF No. #1 . Accordingly, the undersigned RECOMMENDS that in theinterest of justice, Chief United States District Judge Reed O'Connor TRANSFER this action to the United States District Court for the Eastern District of Texas, Sherman Division. (Ordered by Magistrate Judge Hal R. Ray, Jr on 12/15/2025) (wxc) [Transferred from Texas Northern on 1/2/2026.]
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| Filing 7 Summons Issued as to The Chief Appraiser of Collin County, The Commissioner of Education, The Governor of Texas, The Texas Comptroller of Public Accounts, the Board Members of the Collin County Appraisal Review Board. (mmw) [Transferred from Texas Northern on 1/2/2026.] |
| Filing 6 Notice and Instruction to Pro Se Party (mmw) [Transferred from Texas Northern on 1/2/2026.] |
| Filing 5 New Case Notes: A filing fee has 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: Judge O Connor. 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 1/2/2026.] |
| Filing 4 Request for Clerk to issue summons filed by Freddie America. (mmw) [Transferred from Texas Northern on 1/2/2026.] |
| Filing 3 Brief/Memorandum in Support filed by Freddie America re #2 MOTION for Temporary Restraining Order (mmw) [Transferred from Texas Northern on 1/2/2026.] |
| Filing 2 MOTION for Temporary Restraining Order filed by Freddie America (mmw) [Transferred from Texas Northern on 1/2/2026.] |
| Filing 1 COMPLAINT against All Defendants filed by Freddie America. (Filing fee $405; Receipt number FW4-5430) 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 1/2/2026.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5, 6. 7 Fri Dec 12 12:19:55 CST 2025 (crt) [Transferred from Texas Northern on 1/2/2026.] |
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