Booker v. Baker et al
| Anthony Dewayne Booker |
| FNU Baker, Middleton Unit, John Middleton Medical Staff, FNU LNU, FNU Oliver, Jane Doe and FNU Lambert |
| 1:2018cv00166 |
| October 24, 2018 |
| U.S. District Court for the Northern District of Texas |
| Sam R Cummings |
| E Scott Frost |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 18, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 22
Order to Show Cause: Because Plaintiff's complaint indicates that his administrative remedies have not yet been exhausted, dismissal for failure to exhaust may be appropriate. It is THEREFORE ORDERED that Plaintiff shall submit to the Court within fifteen days of this order documentation of exhaustion of administrative remedies since the filing of his complaint or explain why this case should proceed while his grievance is still pending. Failure to timely or adequately respond may subject his claims to dismissal. SO ORDERED. (Ordered by Magistrate Judge E. Scott Frost on 12/18/2018) (jak)
|
| Filing 21 Motion for Production of Records filed by Anthony Dewayne Booker. (jak) |
| Filing 20 Motion for Production of Documents filed by Anthony Dewayne Booker. (jak) |
| Filing 19 Motion for Production of Documents filed by Anthony Dewayne Booker. (jak) |
| Filing 18 Motion to Request Physical Examination filed by Anthony Dewayne Booker. **Clerk's note: copy of public docket report mailed to Plaintiff at address of record. (jak) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:22. Tue Dec 18 13:51:44 CST 2018 (crt) |
|
Filing 17
ORDER: After an initial review pursuant to 28 U.S.C. 1915, 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. This case shall hereafter be numbered Civil Action No. 1:18-cv-00166-BL. The Magistrate Judge shall conduct a hearing under the authority of Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985), and shall advise Plaintiff of the availability of the Magistrate Judge to exercise jurisdiction to conduct any or all proceedings in Plaintiff's case. If the Magistrate Judge determines that it would not be feasible to conduct a Spears hearing, the Magistrate Judge shall utilize a questionnaire to develop the factual basis of Plaintiff's complaint. 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 to 28 U.S.C. 636(b)(1) within 180 days from the date of this Order if a Defendant does not consent to proceed before the Magistrate Judge. Case reassigned to Magistrate Judge E. Scott Frost for all further proceedings. Senior Judge Sam R Cummings no longer assigned to case. (Ordered by Senior Judge Sam R Cummings on 12/6/2018) (jak)
|
|
Filing 16
ORDER: Before the Court is Plaintiff's Motion for Leave to Amend Complaint #9 . Plaintiff seeks leave to correct the names of two of the defendants listed in is original complaint. The Court construes Plaintiff's request as a motion to supplement, rather than amend his complaint and finds that it should be GRANTED. The docket sheet has been edited to reflect the supplemental identification information provided by Plaintiff. SO ORDERED. (Ordered by Senior Judge Sam R Cummings on 12/6/2018) (jak)
|
|
Filing 15
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: (1) Plaintiff is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915. (2) Plaintiff will not be assessed an initial partial filing fee because he lacks the requisite funds in his prison account to pay an initial fee; however, plaintiff will be required to pay the full filing fee of $350.00 pursuant to the PLRA. The Clerk shall transmit a copy of this Order to Plaintiff and to the TDCJ Inmate Trust Fund. See Order for further instructions. (Clerk note: TDCJ Inmate Trust Office has been electronically notified of this order.) (Ordered by Senior Judge Sam R Cummings on 12/6/2018) (jak)
|
|
Filing 14
ORDER: For the reasons set forth herein, Plaintiff's request for appointment of counsel #12 is DENIED without prejudice to Plaintiff's right to request appointment of counsel should circumstances change. (Ordered by Senior Judge Sam R Cummings on 12/6/2018) (jak)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:14, 15, 16, 17. Thu Dec 6 11:52:06 CST 2018 (crt) |
| Filing 13 Prisoner Consent by Anthony Dewayne Booker to Trial by Magistrate Judge. (jak) |
| Filing 12 MOTION to Appoint Counsel filed by Anthony Dewayne Booker. (jak) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Anthony Dewayne Booker. (jak) |
| Filing 10 Request for Clerk to issue Summons filed by Anthony Dewayne Booker. (jak) |
| Filing 9 Motion for Leave to Amend Complaint #2 filed by Anthony Dewayne Booker. (jak) |
| Filing 8 Declaration of Inability to Pay Cost filed by Anthony Dewayne Booker. (jak) |
|
Filing 7
ORDER: Before the Court is Plaintiff's request for a preliminary injunction 4 and temporary restraining order 5 , filed within his Original Complaint #2 on October 24, 2108. The Court finds that Plaintiff has failed to satisfy the prerequisites for injunctive relief listed herein. Therefore, the Court finds that Plaintiff's requests for a preliminary injunction and restraining order should be and are hereby DENIED. SO ORDERED. (Ordered by Senior Judge Sam R Cummings on 10/26/2018) (jak)
|
|
Filing 6
Order and Notice of Deficiency: Anthony Dewayne Booker must address the following deficiency: failure to pay the filing fee or file an Application to Proceed in Forma Pauperis. 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. 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. See Order for further instructions. (Ordered by Senior Judge Sam R Cummings on 10/26/2018) (Attachments: #1 Application to Proceed In Forma Pauperis) (jak)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6, 7. Fri Oct 26 11:11:56 CDT 2018 (crt) |
| Filing 5 MOTION for Temporary Restraining Order filed by Anthony Dewayne Booker. Referenced on page 4 of the Complaint #2 . (jak) |
| Filing 4 MOTION for Injunction filed by Anthony Dewayne Booker. Referenced on page 4 of the Complaint #2 . (jak) |
| Filing 3 Notice and Instruction to Pro Se Party. (jak) |
| Filing 2 COMPLAINT against All Defendants filed by Anthony Dewayne Booker. 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. (jak) |
| Filing 1 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) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 3. Wed Oct 24 10:02:53 CDT 2018 (crt) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
