Payne v. Almanza et al
| Toby Kristopher Payne |
| Unknown Correctional Officers, FNU Almanza, Steven A Sperry, Unknown Supervising Shift Captains, Monte A. Griffin, Unknown Supervising Sergeants, FNU Cano and Unknown Supervising Shift Lieutenants |
| 1:2018cv00175 |
| October 30, 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. ยง 1983 |
| None |
Docket Report
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| Filing 11 Correspondence requesting to add mother's email address for NEF purposes with Clerk response. (jak). (Additional attachment(s) added on 12/11/2018: #1 Pro Se Response Letter) (jak). |
| Filing 10 Prisoner Consent by Toby Kristopher Payne to Trial by Magistrate Judge. (jak) |
| Filing 9 Motion for Temporary Restraining Order or Preliminary Injunction filed by Toby Kristopher Payne. (Attachments: #1 Attachments) (jak) |
| Filing 8 Plaintiff's Motion for Transfer filed by Toby Kristopher Payne. (jak) |
| Filing 7 Notice and Motion for an order to have the Clerk of the Court e-mail the Attorney General's Office Plaintiff's declaration for his offer of settlement filed by Toby Kristopher Payne. (jak) |
Filing 6
ORDER: After 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-00175-BL. The Magistrate Judge shall conduct a hearing under the authority of Spears v. McCotter or utilize a questionnaire to develop the factual basis of Plaintiff's complaint pursuant to the authority of Watson v. Ault. The Magistrate Judge shall order the transfer of this case back to the docket of the 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 in the circumstances outlined in the Order. See Order for further details and instructions. (Ordered by Senior Judge Sam R Cummings on 11/1/2018) (jak)
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Filing 5
PLRA Filing Fee Order: The Court, having considered the application for Leave to Proceed in Forma Pauperis #3 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 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. Plaintiff shall pay the $350.00 in monthly installments as provided in 28 U.S.C. 1915(b)(2). 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 11/1/2018) (jak)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5, 6. Thu Nov 1 13:11:22 CDT 2018 (crt) |
| Filing 4 Notice and Instruction to Pro Se Party. (jak) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Toby Kristopher Payne. (jak) |
| Filing 2 COMPLAINT against All Defendants filed by Toby Kristopher Payne. 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) |
| 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, 4. Tue Oct 30 10:35:51 CDT 2018 (crt) |
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