Payne v. Collier-TDCJ Executive Director et al
| Toby Kristopher Payne |
| FNU Almanza, FNU LNU, Kevin D Foley, James Sutterfield, Jimmy S Webb, FNU Nguyen, FNU Garcia, Monte A Griffin, N Rangel, Darrell K Nash, Jason M Hardegree, FNU Cano, P Orrell, Damon B Andrews, M Vasquez, B Barrett, John Johnson, Steven A Sperry, Brian Collier-TDCJ Executive Director, Alan W Merchant, M Gonzales, Jessie Singh, Toni Deer, Lorie Davis-Director TDCJ-CID, FNU Boyer, Ken Paxton and Gregg Abbott |
| 1:2018cv00208 |
| December 19, 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. § 1983 |
| Plaintiff |
Docket Report
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| Filing 16 NOTICE re: #13 MOTION for Reconsideration re 5 MOTION for Injunction MOTION to Appoint Counsel filed by Toby Kristopher Payne. (jak) (Main Document 16 replaced on 2/14/2019) (jak). |
| Filing 15 Plaintiff's Notice of Related Cases filed by Toby Kristopher Payne. (jak) (Main Document 15 replaced on 2/14/2019) (jak). |
| Filing 14 NOTICE, re: documents #2 , #3 , #6 , #7 , and #8 not received by Plaintiff until 01/23/2019 filed by Toby Kristopher Payne. (jak) |
| Filing 13 Motion to Reconsider Plaintiff's Previous Motion for TRO and/or PI, re 5 MOTION for Injunction filed by Toby Kristopher Payne. (jak) (Additional attachment(s) added on 2/8/2019: #1 Additional Page(s)) (jak). |
| Filing 12 Motion to Supplement Complaint #1 filed by Toby Kristopher Payne. with Brief/Memorandum in Support. (Attachments: #1 Attachment (jak) (jak). (Main Document 12 replaced on 2/8/2019) (jak). (Attachment 1 replaced on 2/8/2019) (jak). (Main Document 12 replaced on 2/8/2019) (jak). (Main Document 12 replaced on 2/8/2019) (jak). |
| Filing 11 Prisoner Consent to Proceed Before a United States Magistrate Judge by Toby Kristopher Payne. (jak) |
| Filing 10 Motion for Leave to Supplement Initial Complaint #1 filed by Toby Kristopher Payne. (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s)) (jak) |
| Filing 9 MOTION to Amend/Correct #1 Complaint filed by Toby Kristopher Payne. (jak) |
Filing 8
ORDER: After initial review, 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-00208-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 pursuant to 28 U.S.C. 636(c). 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 herein. SO ORDERED. (Ordered by Senior Judge Sam R Cummings on 12/28/2018) (jak)
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Filing 7
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; 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 12/28/2018) (jak)
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Filing 6
ORDER: Plaintiff filed civil rights complaint pursuant to 28 U.S.C. 1983, which contained requests for a preliminary injunction, appointment of counsel, and consideration of a motion filed in a separate case 5 . 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. Plaintiff's request for appointment of counsel is DENIED without prejudice to Plaintiff's right to request appointment of counsel should circumstances change. 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 at this time. Plaintiff requests the Court consider a motion he filed in a prior civil action pending before the United States Magistrate Judge. To the extent Plaintiff seeks for the undersigned Senior United States District Judge to review motions pending before the United States Magistrate Judge, Plaintiff's request is DENIED. To the extent that Plaintiff seeks an order directing the TDCJ to transfer him to a different unit, his request is also DENIED at this time for the reasons stated herein. SO ORDERED. (Ordered by Senior Judge Sam R Cummings on 12/28/2018) (jak)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6, 7, 8. Fri Dec 28 13:39:12 CST 2018 (crt) |
| Filing 5 Motion for Injunction, Motion to Appoint Counsel and Motion to Consider Motion to Transfer filed in Payne v. Almanza filed by Toby Kristopher Payne. (Clerk's note: Motions contained within Complaint #1 .) (jak) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Toby Kristopher Payne. (jak) |
| Filing 3 Notice and Instruction to Pro Se Party. (jak) |
| 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) |
| Filing 1 COMPLAINT WITH JURY DEMAND 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 Exhibit(s)) (jak) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:2, 3. Wed Dec 19 13:46:36 CST 2018 (crt) |
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