Maxwell v. Almanza et al
| Marcus Maxwell |
| Christopher Schmidt, John Doe #1, Steven A Sperry, John Doe, Robert Almanza, Jr., Ryan T Slapak, John Doe #2, Alan W Merchant, Carmen Walker and Clayton J Arendall |
| 1:2018cv00179 |
| November 2, 2018 |
| US 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 |
| Plaintiff |
Docket Report
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| Filing 11 MOTION to Amend #1 Complaint filed by Marcus Maxwell. (Attachments: #1 Proposed Amendment) (mmg) |
Filing 10
ORDER. The Court DENIES the Motion for Summons #8 as unnecessary. If this action survives preliminary screening, the Court will take necessary steps to obtain appropriate summonses. The Court GRANTS the Motion to Amend #9 and grants Plaintiff until 01/02/2019, to file a motion seeking leave to amend that is accompanied by a complete amended complaint which Plaintiff shall attach as an exhibit to the motion. (Ordered by Magistrate Judge E. Scott Frost on 12/3/2018) (Attachments: #1 Amended Complaint form) (mmg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Mon Dec 3 16:53:42 CST 2018 (crt) |
| Filing 9 MOTION to Amend #1 Complaint filed by Marcus Maxwell. (mmg) |
| Filing 8 MOTION for Summons filed by Marcus Maxwell. (mmg) |
| Filing 7 Prisoner Consent by Marcus Maxwell to Trial by Magistrate Judge. (mmg) |
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Filing 6
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-179-BL. The Magistrate Judge shall conduct a hearing under the authority of Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985) or, if a hearing is not feasible, 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 in the circumstances outlined within this Order. See Order for further instructions. 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 11/7/2018) (jak)
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Filing 5
PLRA Filing Fee Order: The Court, having considered the Plaintiff's Application for Leave to Proceed in Forma Pauperis 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. (3) 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 11/7/2018) (jak)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5, 6. Wed Nov 7 10:44:51 CST 2018 (crt) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Marcus Maxwell. (mmg) |
| Filing 3 Notice and Instruction to Pro Se Party (mmg) |
| 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. (mmg) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Marcus Maxwell. 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. (mmg) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:2, 3. File-marked copy of Complaint also enclosed. Fri Nov 2 11:47:11 CDT 2018 (crt) |
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