Penitani v. Ruiz et al
| John W Penitani |
| J Ruiz, FNU Barbee, FNU Hinojos, FNU Guzman, A Rodriguez, FNU Kearse, FNU Enriquez and FNU Hess |
| 1:2021cv00127 |
| July 6, 2021 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| John R Parker |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 21 Request for Copy of blank amended 1983 by John W Penitani. **Clerk's note: a blank amended 1983 complaint form mailed to address on correspondence. (jak) |
| Filing 20 ADDITIONAL ATTACHMENTS to #19 Amended Complaint by Plaintiff John W Penitani. (Attachments: #1 Exhibit(s)) (jak) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. Amended 1983 form mailed to Plaintiff. Mon Aug 30 11:22:51 CDT 2021 (crt) |
| Filing 19 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by John W Penitani. 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. (jak) |
| Filing 18 Prisoner Consent by John W Penitani to Trial by Magistrate Judge. (jak) |
Filing 17
Notice of Deficiency and Amendment Procedure. Now before the Court are Plaintiff John W. Penitani's Notice, #12 and his Notice #13 . For the reasons explained in this Order, Plaintiff's Notice #12 and Notice #13 are deficient. The Court instructs the Clerk of Court to UNFILE both Notice #12 and Notice #13 . The Clerk is directed to mail Plaintiff another copy of the Instructions to a Prisoner Pro Se Plaintiff #3 . The Clerk is further directed to mail Plaintiff a Prisoner's Civil Rights Complaint form with the title "Amended Complaint" and the assigned case number printed prominently on the first page. Should Plaintiff choose to seek leave to amend his claims, he should complete and attach the Amended Complaint form to his motion for leave to amend. Plaintiff is ordered to review and follow the instructions in both documents. If Plaintiff continues to ignore or disobey the Court's instructions and previous orders, his complaint may be subject to involuntary dismissal under Rule 41(b) of the Federal Rules of Civil Procedure. (Ordered by Magistrate Judge John R. Parker on 8/19/2021) (Attachments: #1 Amended 1983 Complaint Form) (jak)
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Filing 16
Order for Authenticated Records. The Court finds that authenticated records from the officials listed in this Order are necessary to further develop the known facts in this case. It is ORDERED that the officials listed herein shall provide the Court with authenticated and verified copies of any and all records pertaining to the specific allegations in Plaintiff's Complaint. The records and executed Certification must be provided to the Court on or before September 19, 2021. (Ordered by Magistrate Judge John R. Parker on 8/19/2021) (jak)
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Filing 15
Notice of Availability of Magistrate Judge to Exercise Jurisdiction. If Plaintiff wishes to consent to proceed before a United States Magistrate Judge, Plaintiff must sign and date the consent form and return it to the United States District Clerk, Northern District of Texas, Abilene Division, within thirty (30) days from the receipt of this notice. (Ordered by Magistrate Judge John R. Parker on 8/19/2021) (jak)
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| Filing 14 Legal Letter filed by John W Penitani. (Attachments: #1 Exhibit(s)) (jak) (Main Document 14 replaced on 8/19/2021) (jak). |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3, 15, 16, 17. The Instructions to Prisoner Pro Se Filer #3 and an Amended 1983 Complaint form mailed as instructed in Order at #17 . Thu Aug 19 15:11:06 CDT 2021 (crt) |
| Filing 13 **UNFILED per Order #17 .** NOTICE filed by John W Penitani. (Attachments: #1 Exhibit(s)) (jak) Modified on 8/19/2021 (jak). |
| Filing 12 **UNFILED per Order #17 .** NOTICE filed by John W Penitani. (jak) Modified on 8/19/2021 (jak). |
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Filing 11
ORDER. The Court is of the opinion that this case should be TRANSFERRED to the docket of the Honorable John R. Parker, United States Magistrate Judge, for further proceedings. This case shall hereafter be numbered Civil Action No. 1:21-CV-00127-BU. 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 365 days from the date of this Order circumstances outlined herein. (Ordered by Senior Judge Sam R Cummings on 8/4/2021) (jak)
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Filing 10
ORDER. Plaintiff filed a Motion for Leave to Proceed In Forma Pauperis #6 as well as a request for issuance of subpoenas and appointment of counsel #9 . First, the Court finds that the motion to proceed IFP should be DENIED as moot. Plaintiff paid the filing fee on August 2, 2021. Discovery is stayed until judicial screening of this case under 28 U.S.C. 1915(a) is complete. 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. For the reasons set forth herein, Plaintiff's request for appointment of counsel is DENIED at this time. (Ordered by Senior Judge Sam R Cummings on 8/4/2021) (jak)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10, 11. Wed Aug 4 16:59:02 CDT 2021 (crt) |
| Filing 9 Motion for Subpoena and appoint counsel filed by John W Penitani. (jak) |
| Filing 8 NOTICE regarding filing fee filed by John W Penitani. (jak) |
| Filing 7 NOTICE of request to the BOP for payment of filing fee filed by John W Penitani. (Attachments: #1 Pro Se Response letter) (jak) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis with blank certificate of trust account filed by John W Penitani. **Clerk's note: Plaintiff requests the Court to withdraw the filing fee from his inmate trust account (jak) . |
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Filing 5
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff must address the following deficiency: Neither the $402 filing fee nor a request to proceed in forma pauperis was submitted. Therefore, by August 6, 2021 (30 days), Plaintiff is ORDERED to pay the $402 filing fee or file an application to proceed in forma pauperis on the approved form with the required certificate of inmate trust account. Plaintiff's failure to comply with this order may result in the dismissal of this action under Federal Rule of Civil Procedure 41(b). WITH The Clerk will mail an application to proceed in forma pauperis and a certificate of inmate trust account with authorization to Plaintiff along with a copy of this order. (Ordered by Senior Judge Sam R Cummings on 7/7/2021) (chmb)
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Filing 4
ELECTRONIC NOTICE OF JUDICIAL SCREENING AND STANDING ORDER: Judicial screening of this case is pending. See 28 U.S.C. 1915(e)(2); 28 U.S.C. 1915A(a). It is therefore ORDERED that (1) service of process will be withheld until judicial screening is complete, (2) no motions for appointment of counsel may be filed until the Court has completed the screening process, (3) all discovery in this case is stayed until an answer is filed or until further order, (4) no amendments or supplements may be filed without prior Court approval, and (5) any motion to amend the complaint must be accompanied by a complete proposed amended complaint on the required form. It is further ORDERED that Plaintiff must promptly notify the Court in writing of any change of address. Failure to provide updated address information may result in the dismissal of the case under Fed. R. Civ. 41(b). (Ordered by Senior Judge Sam R Cummings on 7/7/2021) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4, 5. An Application for IFP with certificate of trust account mailed to Plaintiff at address of record along with NEF for electronic orders 4 and 5 Wed Jul 7 09:09:58 CDT 2021 |
| 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 against All Defendants filed by John W Penitani. 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. **Clerk's note: a complimentary copy of filing mailed to Plaintiff to address on filing. The U.S. District Court for the Western District of Texas-Midland Division cover letter to Plaintiff regarding case 1:21-cv-117 was attached to this filing which was forwarded from their office. (Attachments: #1 Additional Page(s), #2 USDC, Western District of Texas cover letter to Plaintiff, #3 Pro Se Response letter) (jak) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:2, 3. Tue Jul 6 13:46:33 CDT 2021 (crt) |
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