Kiser v. Hocutt et al
Plaintiff: Alvin Leo Kiser, Jr
Defendant: Derrick Hocutt, Nicolas Garcia and Megan Forrest
Case Number: 6:2018cv00552
Filed: October 22, 2018
Court: U.S. District Court for the Eastern District of Texas
Presiding Judge: Thad Heartfield
Referring Judge: K Nicole Mitchell
2 Judge: Robert W Schroeder
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on December 17, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 17, 2018 Filing 27 DEFENDANTS' ANSWER to #17 Amended Complaint AFFIRMATIVE DEFENSES, AND JURY DEMAND by Megan Forrest, Nicolas Garcia, Derrick Hocutt.(Iglesias, David)
December 4, 2018 Filing 26 SUMMONS Returned Executed by Alvin Leo Kiser, Jr. Nicolas Garcia served on 11/29/2018, answer due 12/20/2018. (rlf)
December 4, 2018 Filing 25 SUMMONS Returned Executed by Alvin Leo Kiser, Jr. Derrick Hocutt served on 11/29/2018, answer due 12/20/2018. (rlf)
December 4, 2018 Opinion or Order Filing 24 ORDER TRANSFERRING CASES. Case reassigned to District Judge Thad Heartfield for all further proceedings. District Judge Robert W. Schroeder, III no longer assigned to case. Signed by District Judge Robert W. Schroeder, III on 12/4/2018. (saenz, )
December 3, 2018 Filing 23 ACKNOWLEDGMENT OF RECEIPT by David Iglesias as to #19 Order to Answer - RECEIVED 11.30.2018. (rlf)
December 3, 2018 Filing 22 ACKNOWLEDGMENT OF RECEIPT by Alvin Leo Kiser, Jr as to #19 Order to Answer - RECEIVED 11.26.2018. (rlf)
November 20, 2018 Filing 21 SUMMONS Issued as to Nicolas Garcia, Derrick Hocutt. (Attachments: #1 Summons(es) - Hocutt)(gsg)
November 20, 2018 Filing 20 ACKNOWLEDGMENT OF RECEIPT by Alvin Leo Kiser, Jr as to #14 Order on Motion for Leave to Proceed in forma pauperis. (saenz, )
November 19, 2018 Opinion or Order Filing 19 ORDER TO ANSWER and SCHEDULING ORDER. Signed by Magistrate Judge K. Nicole Mitchell on 11/19/2018. (gsg)
November 14, 2018 Filing 16 ACKNOWLEDGMENT OF RECEIPT by Alvin Leo Kiser, Jr as to #9 Order, #8 Order Re Collection and Payment of Full Filing Fee - RECEIVED 11.8.2018. (rlf)
November 13, 2018 Filing 18 SUBMISSION of Henderson County Jail Resident Account Summary by Alvin Leo Kiser, Jr. (rlf)
November 13, 2018 Filing 17 AMENDED COMPLAINT against Nicolas Garcia, Derrick Hocutt, filed by Alvin Leo Kiser, Jr. (Attachments: #1 Exhibits, #2 Envelope)(rlf)
November 13, 2018 Filing 15 ACKNOWLEDGMENT OF RECEIPT by Henderson Co Jail Inmate Trust Dept as to #8 Order Re Collection and Payment of Full Filing Fee - RECEIVED 11.8.2018. (rlf)
November 9, 2018 Opinion or Order Filing 14 ORDER denying as moot #11 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge K. Nicole Mitchell on 11/9/2018. (rlf)
November 9, 2018 Filing 13 SUBMISSION of Henderson County Jail Resident Account Summary by Alvin Leo Kiser, Jr. (rlf)
November 9, 2018 Filing 12 NOTICE OF FURTHER ALLEGATIONS by Alvin Leo Kiser, Jr. (rlf)
November 7, 2018 Filing 11 MOTION for Leave to Proceed in forma pauperis (With Henderson Co Jail Resident Account Summary) by Alvin Leo Kiser, Jr. (rlf)
November 7, 2018 Filing 10 NOTICE OF FURTHER ALLEGATIONS and possible transfer to TDCJ by Alvin Leo Kiser, Jr. (rlf)
November 6, 2018 Opinion or Order Filing 9 ORDER granting #7 Notice of Further Allegations construed as a Motion for Leave to Amend Complaint. It is further ORDERED that Plaintiff shall have thirty (30) days from the date of receipt of this order in which to file an amended complaint submitted on the requisite 1983 lawsuit form. Signed by Magistrate Judge K. Nicole Mitchell on 11/6/2018. (rlf)
November 6, 2018 Opinion or Order Filing 8 ORDER Re Collection and Payment of Full Filing Fee: Plaintiff to pay remaining balance of initial partial filing fee. The agency having custody of the Plaintiff shall deduct 20% of each deposit made to the Plaintiff's inmate trust account and forward payments to the Court on a regular basis. Signed by Magistrate Judge K. Nicole Mitchell on 11/6/2018. (rlf)
November 1, 2018 Filing 7 NOTICE of Further Allegations re Henderson County Jail by Alvin Leo Kiser, Jr. (rlf)
November 1, 2018 Filing 6 MOTION for Leave to Proceed in forma pauperis (with Henderson Co Jail Resident Account Summary) by Alvin Leo Kiser, Jr. (rlf)
October 23, 2018 Opinion or Order Filing 4 DEFICIENCY ORDER re #2 MOTION for Leave to Proceed in forma pauperis. It is therefore ORDERED that Plaintiff has thirty days from the receipt of this order to either pay the $400 filing fee or submit a new application to proceed in forma pauperis on the standardized form, along with a current six-month history of his inmate trust fund account, or its equivalent, that is certified by an official at the Henderson County Jail. The Clerk shall accept no other documents from Plaintiff until he complies with this order. Signed by Magistrate Judge K. Nicole Mitchell on 10/23/2018. (rlf)
October 23, 2018 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. Consent form mailed to Plaintiff. (rlf)
October 22, 2018 Filing 3 CASE REFERRED to Magistrate Judge K. Nicole Mitchell. (rlf)
October 22, 2018 Filing 2 MOTION for Leave to Proceed in forma pauperis (With Henderson Co Jail Commissary Sheet) by Alvin Leo Kiser, Jr. (rlf)
October 22, 2018 Filing 1 COMPLAINT against Megan Forrest, Nicolas Garcia, Derrick Hocutt, filed by Alvin Leo Kiser, Jr.(rlf)

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Plaintiff: Alvin Leo Kiser, Jr
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Defendant: Derrick Hocutt
Represented By: David R. Herring Iglesias
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Defendant: Nicolas Garcia
Represented By: David R. Herring Iglesias
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Defendant: Megan Forrest
Represented By: David R. Herring Iglesias
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