McGee v. O'Daniel et al
| Antonio Q McGee |
| Bryan Collier and Patrick O'Daniel |
| 1:2021cv00094 |
| May 26, 2021 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 7
SHOW CAUSE ORDER. In the May 26 Order #2 , the Court advised each plaintiff that he must-within 20 days-file a complete amended complaint on the court-approved form and pay the $402.00 filing fee or file an application to proceed in forma pauperis (IFP) with a certified copy of his inmate trust account. As of today, neither remaining plaintiff has filed an IFP application. Neither plaintiff has filed a complete amended complaint on the court-approved form, setting forth only his individual claims as required by the Order. As a result, the Court orders that each Plaintiff shall have 20 days from the date of this order to: (1) file a response explaining whether he believes his fee has been paid, with a declaration made under penalty of perjury. (2) File a complete amended complaint on the proper form. (3) Show cause why his complaint should not be dismissed for failure to comply with the Court's May 26 Order. If a plaintiff fails to respond to this order, the Court will dismiss his complaint without further notice. See Order for additional instructions. (Ordered by Judge James Wesley Hendrix on 7/27/2021) (amg)
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Filing 6
ORDER. Plaintiffs Leandre Hill and Antonio Q. McGee, together with one other state prisoner, filed a civil-rights complaint in No. 1:21-cv-00086. On May 26, 2021, the Court separated the complaints into individual civil actions and advised each plaintiff that he must pursue his own claims. On June 3, 2021, Plaintiffs Hill and McGee jointly filed a notice with objections to the severance. The plain language of the Prison Litigation Reform Act of 1995 (PLRA) requires every prisoner who brings a civil action to pay the full filing fee. Plaintiffs' objection to the Court's assessment of the filing fee against each individual prisoner-plaintiff is overruled. The Court notes that Plaintiffs did not seek class certification in their original complaint, nor did they otherwise suggest that they intended to proceed as a class or on behalf of similarly situated prisoners. Plaintiffs have not met the prerequisites for class certification under Federal Rule of Civil Procedure 23. Nor have they demonstrated that they are entitled to proceed jointly under Rule 20. Thus, Plaintiffs' objection to the separation of their cases is overruled. The Court denied joinder in the interests of judicial economy and to avoid prejudice and delay. Plaintiffs have not shown any change in circumstances to warrant the Court's reconsideration. Plaintiffs are not entitled to proceed jointly under Rule 20. Plaintiffs have not demonstrated that a class action is the superior method for resolving their complaints about the TDCJ grooming policy and its enforcement at the Robertson Unit. As a result, the Court finds that Plaintiffs' request for class certification must be denied. (Ordered by Judge James Wesley Hendrix on 7/27/2021) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 6, 7. Tue Jul 27 15:12:41 CDT 2021 (crt) |
| Filing 5 NOTICE dated June 1, 2021, filed by Antonio Q McGee. **Clerk's Note: filed in this case per JWH chambers. (amg) |
| Filing 4 Notice and Instruction to Pro Se Party. (amg) |
| Filing 3 COMPLAINT against All Defendants filed by Antonio Q McGee. 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. (amg) |
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Filing 2
ORDER. To the extent that Plaintiffs in case no. 1:21-cv-00086 intended to bring their complaint jointly, the Court finds that joinder should be denied at this time and each Plaintiff should be required to file a separate complaint asserting his or her individual claims. The complaint of Leandre V. Hill will continue under the civil action no. 1:21-cv-00086. Plaintiffs Antonio McGee and Dominic Miller will be terminated from action 1:21-cv-00086. The complaints of Plaintiffs Antonio McGee and Dominic Miller will be severed into separate actions as to each Plaintiff (McGee 1:21-cv-00094, Miller 1:21-cv-00095). Each of the Plaintiffs must, within 20 days from the date of this order, pay the filing fee of $402.00 or file with the Clerk a signed application to proceed in forma pauperis with a certified copy of his inmate trust account statement, and submit a complete amended complaint on the court-approved form for civil-rights cases. Failure of any of the Plaintiffs to file the required documents will result in a denial of in forma pauperis status and a dismissal of that Plaintiffs complaint for want of prosecution without further notice, unless the filing fee of $402.00 is timely paid. Plaintiffs may each obtain the court-approved forms necessary for complying with this order in the law library of his current prison unit. See Order for additional instructions. (Ordered by Judge James Wesley Hendrix on 5/26/2021) (amg).
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| Filing 1 New Case Notes: A filing fee has not been paid. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) 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. (amg) (Main Document 1 replaced on 5/26/2021) (amg). |
| Judge James Wesley Hendrix added. Senior Judge Sam R Cummings no longer assigned to case. (amg) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 1, 2, 4. Wed May 26 13:47:14 CDT 2021 (crt) |
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