Olivares v. Gonzales et al
Plaintiff: Olivares Rudy and Rudy Olivares
Defendant: FNU LNU, FNU Gonzales, L Gonzales, Christine Heady and FNU Mitchell
Case Number: 1:2018cv00117
Filed: August 17, 2018
Court: US District Court for the Northern District of Texas
Office: Abilene Office
County: Taylor
Presiding Judge: Sam R Cummings
Referring Judge: E Scott Frost
Nature of Suit: Prisoner Pet/Other: Prison Condition
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 12, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 12, 2018 ***Clerk's Notice of delivery: (see NEF for details) Docket No:8, 9. Wed Sep 12 10:52:45 CDT 2018 (crt)
September 12, 2018 Opinion or Order Filing 9 ORDER: The Court is of the opinion that this case should be TRANSFERRED to the docket of the Honorable E. Scott Frost, United States Magistrate Judge, for further proceedings. The Magistrate Judge shall conduct a hearing under the authority of Spears v. McCotter, and shall advise Plaintiff of the availability of the Magistrate Judge to exercise jurisdiction to conduct any or all proceedings in Plaintiffs case pursuant to 28 U.S.C. 636(c). If the Plaintiff consents to proceed before the Magistrate Judge, subject to the consent of each Defendant, the Magistrate Judge is designated to exercise jurisdiction to conduct any and all proceedings as provided in 28 U.S.C. 636(c), to conduct the trial of the case, and to order the entry of judgment in the case. Any consent will be filed and docketed by the Clerk upon receipt. The Magistrate Judge shall Order the Transfer of this case back to the docket of this Court and file proposed findings of fact, conclusions of law, and recommendations for the disposition of the case pursuant 28 U.S.C. 636(b)(1) within 180 days from the date of this Order if the Plaintiff does not consent to proceed before the Magistrate Judge; or, the Plaintiff consents to proceed before the Magistrate Judge, but a Defendant does not consent. SO ORDERED. (Ordered by Senior Judge Sam R Cummings on 9/12/2018) (jak)
September 12, 2018 Opinion or Order Filing 8 PLRA Filing Fee Order: The Court, having considered the application in light of the PLRA, finds that the following order should be entered. It is ORDERED that: Plaintiff is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915. Plaintiff will not be assessed an initial partial filing fee; however, plaintiff will be required to pay the full filing fee of $350.00 pursuant to the PLRA. Plaintiff shall pay the $350.00 in monthly installments as provided in 28 U.S.C. 1915(b)(2). The agency having custody of Plaintiff shall deduct 20% of each deposit made to Plaintiff's inmate trust account and forward payments to the Court on a regular basis provided the account exceeds $10.00. The Clerk shall transmit a copy of this Order to Plaintiff and to the TDCJ Inmate Trust Fund. See Order for further instructions and details. (Clerk note: TDCJ Inmate Trust Office has been electronically notified of this order.) (Ordered by Senior Judge Sam R Cummings on 9/12/2018) (jak)
September 10, 2018 Filing 7 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Rudy Olivares. (jak)
August 28, 2018 Filing 6 Prisoner Consent to Proceed Before a United States Magistrate Judge by Rudy Olivares. (jak)
August 28, 2018 ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Tue Aug 28 11:08:45 CDT 2018 (crt)
August 28, 2018 Opinion or Order Filing 5 Filing Fee Deficiency Order: The Court finds that Plaintiff should, within twenty (20) days from the date of this Order, pay the filing fee of $400.00 or file with the Clerk the following: a signed Application to Proceed in Forma Pauperis and a signed copy of the AUTHORIZATION portion of the Certificate of Inmate Trust Account or a signed copy of any consent form or authorization that the institution having custody of Plaintiff requires to allow it to access a prisoner's inmate trust fund account, to collect funds from the account, and to pay those funds to the Clerk of the District Court. Failure to file the required documents will result in a denial of in forma pauperis status and a dismissal of Plaintiff's complaint for want of prosecution without further notice, unless the filing fee of $400.00 is timely paid. The Clerk shall mail an application to Proceed in Forma Pauperis and a Certificate of Inmate Trust Account and Authorization to Plaintiff along with a copy of this Order. (Ordered by Senior Judge Sam R Cummings on 8/28/2018) (Attachments: #1 Application to Proceed In Forma Pauperis) (jak)
August 17, 2018 ***Clerk's Notice of delivery: (see NEF for details) Docket No:2, 4. Fri Aug 17 15:09:00 CDT 2018 (crt)
August 17, 2018 Filing 4 Notice and Instruction to Pro Se Party. (jak)
August 17, 2018 Filing 3 Certificate of Trust Account by Olivares Rudy TDCJ # 01483336. (jak)
August 17, 2018 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. (jak)
August 17, 2018 Filing 1 COMPLAINT against All Defendants filed by Olivares Rudy. 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. (Attachments: #1 Additional Page(s)) (jak)

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Defendant: FNU LNU
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Defendant: FNU Gonzales
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Defendant: L Gonzales
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Defendant: Christine Heady
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Defendant: FNU Mitchell
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Plaintiff: Olivares Rudy
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Plaintiff: Rudy Olivares
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