Hunter v. Boller et al
| James Anthony Hunter |
| Officer FNU Boller, Officer FNU Mitchell, Officer FNU Taylor, Sheriff Larry R. Smith, Turn Key Health, Dr. Gary White, Smith County, Officer FNU Velasquez, Officer FNU Wilson, Sergeant FNU Armadore and Smith County Sheriff Department |
| 6:2023cv00154 |
| March 30, 2023 |
| US District Court for the Eastern District of Texas |
| J Campbell Barker |
| K Nicole Mitchell |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 23 ACKNOWLEDGMENT OF RECEIPT by David Iglesias as to #12 Order to Answer. Received 5/3/2023. (ndc) |
| Filing 22 SUMMONS Returned Executed as to FNU Taylor served on 5/8/2023, by certified mail, answer due 5/30/2023. (wea, ) |
| Filing 21 SUMMONS Returned Executed as to FNU Mitchell served on 5/8/2023, by certified mail, answer due 5/30/2023. (wea, ) |
| Filing 20 SUMMONS Returned Executed as to FNU Boller served on 5/8/2023, by certified mail, answer due 5/30/2023. (wea, ) |
| Filing 17 ACKNOWLEDGMENT OF RECEIPT by Smith County Jail Admin Inmate Trust Account as to #10 Order Re Collection and Payment of Full Filing Fee. Received 5/8/2023. (ndc) |
| Filing 19 MOTION to Appoint Counsel by James Anthony Hunter. (wea, ) |
| Filing 18 OBJECTION to #11 Report and Recommendations by James Anthony Hunter. (Attachments: #1 Exhibit, #2 Envelope(s))(wea, ) |
| Filing 16 ACKNOWLEDGMENT OF RECEIPT by James Anthony Hunter as to #10 Order Re Collection and Payment of Full Filing Fee, #12 Order to Answer, #11 Report and Recommendations. Received 5/4/2023. (ndc) |
| Filing 15 ACKNOWLEDGMENT OF RECEIPT by U.S. Marshal as to #12 Order to Answer, #13 Summons Issued. (wea, ) |
| Filing 13 SUMMONS Issued as to FNU Boller, FNU Mitchell, FNU Taylor and forwarded to the U.S. Marshal for service. (Attachments: #1 Summons to Mitchell, #2 Summons to Taylor)(wea, ) |
Filing 12
ORDER TO ANSWER AND SCHEDULING ORDER. Defendants Officer Mitchell, Officer Taylor, and Officer Boller shall have thirty (30) days from the date of receipt of this order in which to answer or otherwise plead to the Plaintiff's complaint. Signed by Magistrate Judge K. Nicole Mitchell on 5/1/2023. (wea, )
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| Filing 11 REPORT AND RECOMMENDATION. It is recommended that all of the Plaintiff's claims except for his claims concerning alleged uses of force by Officers Mitchell and Taylor on November 18, 2022, and by Officer Boller on January 17, 2023, be dismissed without prejudice for failure to state a claim upon which relief may be granted. It is further recommended that all named Defendants except for Mitchell, Taylor, and Boller be dismissed from the lawsuit. Signed by Magistrate Judge K. Nicole Mitchell on 5/1/2023. (wea, ) |
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Filing 10
ORDER Re Collection and Payment of Full Filing Fee: Plaintiff to pay balance of the full filing fee in installments. 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, provided the account balance exceeds $10.00. Signed by Magistrate Judge K. Nicole Mitchell on 5/1/2023. (wea, )
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| Filing 14 NOTICE of Exhaustion by James Anthony Hunter. (Attachments: #1 Exhibit, #2 Envelope(s))(wea, ) |
| Filing 9 AMENDED COMPLAINT against FNU Boller, FNU Mitchell, Larry R. Smith, Smith County, Smith County Sheriff Department, FNU Taylor, Turn Key Health, Gary White, filed by James Anthony Hunter. (Attachments: #1 Envelope(s) #2 Resident Transaction Details) (wea, ). |
| INITIAL Partial Filing fee paid per court order: $ 25.00, receipt number 6-64080 (jbe, ) |
| Filing 8 DEMAND for Trial by Jury by James Anthony Hunter. (wea, ) |
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Filing 6
ORDER TO AMEND. Plaintiff shall have thirty days from the date of receipt of this order in which to file an amended complaint. Signed by Magistrate Judge K. Nicole Mitchell on 4/10/2023. (wea, )
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Filing 5
ORDER for Initial Partial Filing Fee of $25.00 within 30 days. Plaintiff's #2 MOTION for Leave to Proceed in forma pauperis is GRANTED. Signed by Magistrate Judge K. Nicole Mitchell on 4/10/2023. (wea, )
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| Filing 4 Inmate Trust Account from James Hunter (Attachments: #1 Cover Letter, #2 Envelope(s)) (jbe, ) |
| Filing 3 CASE REFERRED to Magistrate Judge K. Nicole Mitchell (jbe) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by James Anthony Hunter. (jbe, ) |
| Filing 1 COMPLAINT against All Defendants, filed by James Anthony Hunter. (Attachments: #1 Letter, #2 Envelope(s))(jbe, ) |
| 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 mailed to Plaintiff. (jbe, ) |
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