Hernandez v. Davis-Director TDCJ-CID et al
| Edgar Hernandez |
| Ricky Villanueva, Lorie Davis-Director TDCJ-CID, John Lopez and Garth Parker |
| 1:2019cv00239 |
| November 26, 2019 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| John R Parker |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Record on Appeal for USCA5 20-10013 (related to #14 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (mmg) |
Filing 20
Order Regarding Motion to Proceed in Forma Pauperis on Appeal #16 : The application for leave to proceed in forma pauperis on appeal is GRANTED. Appellant is assessed an initial partial appeal fee of $23.57. The agency having custody of the Appellant shall collect this amount from the trust fund account when funds are available. Thereafter, the Appellant shall pay $481.43, the balance of the appeal fee in periodic installments. (Clerk note: TDCJ Inmate Trust Office has been electronically notified of this order.) (Ordered by Magistrate Judge John R Parker on 1/21/2020) (jak) Modified on 1/21/2020 (jak).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Tue Jan 21 15:03:31 CST 2020 (crt) |
| Filing 19 NOTICE re: #14 Notice of Appeal filed by Edgar Hernandez. (*Clerk's Note: No other pages included.) (mmg) |
| Filing 18 Transcript Order Form: re #14 Notice of Appeal transcript not requested Reminder to appellant: this document must also be filed with the appeals court. (jak) |
| Filing 17 Transcript Order Form: re #14 Notice of Appeal transcript not requested. Reminder to appellant: this document must also be filed with the appeals court. (jak) |
| Filing 16 MOTION for Leave to Proceed in forma pauperis on appeal with certificate of trust account re #14 Notice of Appeal filed by Edgar Hernandez (jak) |
| USCA Case Number 20-10013 in USCA, 5th Circuit for #14 Notice of Appeal filed by Edgar Hernandez. (mmg) |
| Administrative Record consisting of TDCJ certified records received and forwarded to JRP chambers. (jak) |
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Filing 15
Order and Notice of Deficiency: Edgar Hernandez must address the following deficiency: pay the appeal fee or file an Application to Proceed in Forma Pauperis together with certified statement of his inmate trust account. 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. (Ordered by Magistrate Judge John R. Parker on 1/3/2020) (jmc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Fri Jan 3 14:16:45 CST 2020 (crt) |
| Filing 14 NOTICE OF INTERLOCUTORY APPEAL as to #7 Order on Motion for Injunction, to the Fifth Circuit, received from the Fifth Circuit for processing in this office on 12/30/2019, by Edgar Hernandez. T.O. form to appellant via U.S. Mail #Transcript Order Form. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Attachments: #1 Attachments) (jak) Modified on 1/3/2020 to correct date filed in the 5th Circuit Court of Appeals (jak). |
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Filing 13
ORDER: The Court construes Plaintiff's Motion for Clarification #11 as a request for a copy of the order denying preliminary injunctive relief. On that basis the court GRANTS the Motion for Clarification. The court directs the Clerk of Court to send Plaintiff a copy of the order denying preliminary injunctive relief #7 . (Ordered by Magistrate Judge John R. Parker on 12/17/2019) (jak)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:13, 7. Tue Dec 17 14:42:54 CST 2019 (crt) |
| Filing 12 Prisoner Consent by Edgar Hernandez to Trial by Magistrate Judge. (jak) |
| Filing 11 Motion for Clarification, re #7 , filed by Edgar Hernandez. (jak) |
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Filing 10
Notice of Availability of Magistrate Judge to Exercise Jurisdiction. (Clerk to send Consent Form as directed.) If appropriate, party(ies) should return the signed consent form to the clerk within 30 days. (Ordered by Magistrate Judge John R. Parker on 12/5/2019) (Attachments: #1 Consent) (mmg)
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Filing 9
ORDER FOR AUTHENTICATED RECORDS. It is therefore ORDERED that the officials listed in this order shall provide the Court with authenticated and verified copies of any and all records pertaining to the specific allegations in Plaintiff's Complaint. An authorized custodian of the records of the respective entity must execute the attached Certification of Business Records (Certification) and attach the executed Certification to the records provided to the Court. The records and executed Certification must be provided to the Court on or before January 6, 2020. The Clerk shall mail a copy of this order and Plaintiff's Complaint to the above-listed addresses. (Ordered by Magistrate Judge John R. Parker on 12/5/2019) (jmc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9, 10. Copies of #2 & #9 also mailed to Warden, TDCJ Robertson Unit; TDCJ Litigation Support, Ofc of General Counsel; and Court Coordinator, TDCJ Bureau of Classification Thu Dec 5 16:45:56 CST 2019 (crt) |
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Filing 8
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge John R. Parker for all further proceedings. Judge James Wesley Hendrix no longer assigned to case. (Ordered by Judge James Wesley Hendrix on 12/4/2019) (mmg)
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Filing 7
ORDER. Plaintiff's request for preliminary injunctive relief 5 is denied, but this order does not state an opinion on the merits of Plaintiff's underlying constitutional claims. Plaintiff's claims will be further developed and reviewed via judicial screening under 28 U.S.C. 1915(e)(2). (Ordered by Judge James Wesley Hendrix on 12/4/2019) (mmg)
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Filing 6
PLRA FILING FEE ORDER. Order for Partial Filing Fee in amount of $19.14 with a balance of $330.86 remaining due in monthly installments as provided in 28 U.S.C. 1915(b)(2). (Clerk note: TDCJ Inmate Trust Office has been electronically notified of this order.) (Ordered by Judge James Wesley Hendrix on 12/4/2019) (mmg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6, 7, 8. Wed Dec 4 09:23:30 CST 2019 (crt) |
| Filing 5 Motion for Preliminary Injunctive Relief filed by Edgar Hernandez. See #2 , page 4. (jak) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Edgar Hernandez. (jak) |
| Filing 3 Notice and Instruction to Pro Se Party. (jak) |
| Filing 2 COMPLAINT against All Defendants filed by Edgar Hernandez. 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 Memorandum, #2 Exhibit, #3 Exhibit) (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) |
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