Ybarra v. Bustamante, et al
| Jeremiah Ybarra |
| FCI Big Spring, Mark Ruckman, Javier Bustamante, Monty Kimball and Drew Walker |
| 1:2018cv00114 |
| August 15, 2018 |
| US District Court for the Northern District of Texas |
| Abilene Office |
| Howard |
| Sam R Cummings |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on September 7, 2018. A more recent docket listing may be available from PACER.
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Filing 9
Order Transferring to Another District: Case transferred from Northern District of Texas, Abilene Division to Western District of Texas, Pecos Division. (Ordered by Senior Judge Sam R Cummings on 9/7/2018) (jmc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Fri Sep 7 10:57:48 CDT 2018 (crt) |
| Interdistrict Transfer to Western District of Texas, Pecos Division; notice sent via email. All documents available electronically. If receiving court cannot upload, documents are available from PACER (record does not contain restricted documents). Counsel advised to file future documents in Western District of Texas, Pecos Division. (jmc) |
| Case transferred from NDTX has been opened in Western District, Pecos Division as case number 4:18-cv-00040. (jmc) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Jeremiah Ybarra. (jmc) |
| Filing 7 AMENDED COMPLAINT against All Defendants filed by Jeremiah Ybarra. 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. (jmc) |
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Filing 6
ORDER. Before the Court is Plaintiff's #5 Motion for Appointment of Counsel, filed on August 23, 2018. Plaintiff's complaint is pending judicial screening pursuant to 28 U.S.C. 1915. The Court notes that Plaintiff has not shown any inability to set forth his claims for relief or shown that extraordinary circumstances are involved which would justify the appointment of counsel at this stage of the case. For the reasons set forth herein, Plaintiff's request for appointment of counsel is denied without prejudice to Plaintiff's right to request appointment of counsel should circumstances change. SO ORDERED. (Ordered by Senior Judge Sam R Cummings on 8/27/2018) (jmc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Mon Aug 27 12:49:36 CDT 2018 (crt) |
| Filing 5 MOTION to Appoint Counsel filed by Jeremiah Ybarra. Clerk mailed an Application to Proceed in Forma Pauperis to Petitioner per the request in his letter. (Attachments: #1 IFP) (jmc) |
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Filing 4
Order and Notice of Deficiency: Jeremiah Ybarra must address the following deficiency: Pay the filing fee or file an application to proceed in forma pauperis, together with a certified copy of his inmate trust account. Plaintiff shall complete and file with the Clerk an Amended Complaint set forth on the form provided by the Court. The Clerk shall mail an Application to Proceed in Forma Pauperis, a Certificate of Inmate Trust Account and Authorization, and a 42 U.S.C. 1983 complaint form marked "Amended Complaint" Civil Action 1:18-CV-114-C along with a copy of this Order. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 20 days. (Ordered by Senior Judge Sam R Cummings on 8/17/2018) (Attachments: #1 IFP, #2 Amended Complaint) (jmc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Fri Aug 17 10:16:34 CDT 2018 (crt) |
| Filing 3 Notice and Instruction to Pro Se Party. (jmc) |
| Filing 2 New Case Notes: A filing fee has not been paid. 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. Clerk to provide copy to plaintiff if not received electronically. (jmc) |
| Filing 1 COMPLAINT against FCI Big Spring filed by Jeremiah Ybarra. 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. (jmc) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:2, 3. Wed Aug 15 11:09:52 CDT 2018 (crt) |
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