Sanchez v. Taylor County Adult Detention Center et al
Plaintiff: Victor Sanchez, Jr.
Defendant: Taylor County Adult Detention Center, Abilene Police Department and FNU Valentine
Case Number: 1:2021cv00135
Filed: July 19, 2021
Court: U.S. District Court for the Northern District of Texas
Presiding Judge: Sam R Cummings
Referring Judge: John R Parker
Nature of Suit: Prisoner Pet/Other: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 16, 2021 Opinion or Order Filing 32 ORDER DENYING MOTION TO APPOINT COUNSEL 31 . Because the Court dismissed Plaintiff's case and for the reasons explained herein, the Court DENIES the Motion to Appoint Counsel as moot. (Ordered by Magistrate Judge John R. Parker on 9/16/2021) (jak)
September 16, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No:32. Thu Sep 16 11:01:11 CDT 2021 (crt)
September 15, 2021 Filing 31 MOTION to Appoint Counsel filed by Victor Sanchez, Jr. See #30 Response to Magistrate Judge's Questionnaire pages 2, 4, and 5 (amg)
September 15, 2021 Filing 30 RESPONSE to Magistrate Judge's Questionnaire and Declaration with Certification #23 filed by Victor Sanchez, Jr. (amg)
September 9, 2021 Opinion or Order Filing 29 JUDGMENT. In accordance with the order issued this same day, it is the judgment of this Court that Plaintiff's Complaint, and all claims alleged therein, are DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i)-(ii) and 1915A(b)(1) as frivolous and/or for failure to state a claim on which relief may be granted. (Ordered by Magistrate Judge John R. Parker on 9/9/2021) (jak)
September 9, 2021 Opinion or Order Filing 28 ORDER OF DISMISSAL. For the reasons explained in this Order, Sanchez's property deprivation claim is DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i) as frivolous. The dismissal shall count as a qualifying dismissal under 28 U.S.C. 1915 and shall constitute a "strike" for purposes of the Prisoner Litigation Reform Act's (PLRA's) three-strikes bar to proceeding in forma pauperis. Judgment shall be entered accordingly. (Ordered by Magistrate Judge John R. Parker on 9/9/2021) (jak)
September 9, 2021 Opinion or Order Filing 27 ORDER UNFILING DOCUMENT. The Court has determined that there are defects in the document entered on August 27, 2021, titled Order to Complete Questionnaire. Dkt. No. #24 . The order is a duplicate of the Order to Complete Questionnaire entered on August 25, 2021. Dkt. No. #23 . Because of this defect, the Court has determined that the Order entered at #24 should be unfiled from the record of this action. Therefore, the Court ORDERS that this document be, and is hereby, unfiled, and the Clerk is directed to note on the docket the unfiling of this document. (Ordered by Magistrate Judge John R. Parker on 9/9/2021) (jak)
September 9, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No:28, 29. Thu Sep 9 11:32:20 CDT 2021 (crt)
September 9, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No:27. Thu Sep 9 08:42:59 CDT 2021 (crt)
September 7, 2021 Filing 26 Administrative Record consisting of Taylor County Jail authenticated records received and forwarded to JRP chambers. (jak)
September 3, 2021 Filing 25 RESPONSE to Magistrate Judge's Questionnaire and Declaration with Certification filed by Victor Sanchez, Jr re: #24 Judge's Questionnaire, #23 Judge's Questionnaire. **Clerk's Note: Plaintiff mailed his Questionnaire Responses in two (2) separately mailed envelopes both received today and combined for docketing. (amg)
August 27, 2021 Opinion or Order Filing 24 **UNFILED - per Order at #27 .** Order to Complete Questionnaire. Plaintiff is ORDERED to complete the attached Questionnaire. Plaintiff must certify under penalty of perjury that his answers to this Questionnaire are true by signing the included Certification. Plaintiff's responses to the Questionnaire and his Certification must both be returned to the United States District Clerk, Abilene Division no later than September 24, 2021. (Ordered by Magistrate Judge John R. Parker on 8/27/2021) (jak) Modified on 9/9/2021 (jak).
August 27, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No:24. Fri Aug 27 14:43:00 CDT 2021 (crt)
August 25, 2021 Opinion or Order Filing 23 Order to Complete Questionnaire. Plaintiff is ORDERED to complete the attached Questionnaire. Plaintiff's responses to the Questionnaire and his Certification must both be returned to the United States District Clerk, Abilene Division no later than September 24, 2021. Plaintiff is cautioned that failure to return the completed Questionnaire and Certification by this date will likely result in dismissal of his claims. (Ordered by Magistrate Judge John R. Parker on 8/25/2021) (jak)
August 25, 2021 Filing 22 Prisoner Consent by Victor Sanchez, Jr to Trial by Magistrate Judge. (jak)
August 25, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No:23. Wed Aug 25 16:09:55 CDT 2021 (crt)
August 20, 2021 Opinion or Order Filing 21 Order for Authenticated Records. The Court finds that authenticated records from the listed officials are necessary to further develop the known facts in this case. It is 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. The records and executed Certification must be provided to the Court on or before September 20, 2021. (Ordered by Magistrate Judge John R. Parker on 8/20/2021) (jak)
August 20, 2021 Opinion or Order Filing 20 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 8/20/2021) (jak)
August 20, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No:20,21. Fri Aug 20 14:51:28 CDT 2021 (crt)
August 19, 2021 Opinion or Order Filing 19 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-00135-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 in the circumstances outlined herein. (Ordered by Senior Judge Sam R Cummings on 8/19/2021) (jak)
August 19, 2021 Opinion or Order Filing 18 ORDER. Plaintiff has requested appointment of counsel #6 , #9 , #12 . Plaintiff also requested issuance of a subpoena #6 . 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. Likewise, the Court finds that Plaintiff's request for the clerk to issue a subpoena in this case is denied. Judicial screening under 28 U.S.C. 1915(e)(2) remains pending in this case, and service of process has been withheld until such screening is complete. (Ordered by Senior Judge Sam R Cummings on 8/19/2021) (jak)
August 19, 2021 Opinion or Order Filing 17 PLRA Filing Fee Order. The Court, having considered the Plaintiff's Application for Leave to Proceed in Forma Pauperis #8 , #10 in light of the PLRA, finds that the following order should be entered. It is ORDERED that Plaintiff is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915. Plaintiff will not be assessed an initial partial filing fee Order For Partial Filing Fee in amount of $0 with a balance of $350.00 remaining to be paid in monthly installments. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. (Ordered by Senior Judge Sam R Cummings on 8/19/2021) (jak)
August 19, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No:17, 18, 19. Thu Aug 19 11:33:40 CDT 2021 (crt)
August 3, 2021 Filing 16 NOTICE filed by Victor Sanchez, Jr. (jak)
August 3, 2021 Filing 15 Certificate of Trust Account by Victor Sanchez, Jr Taylor County Detention Center # 96412. (jak)
July 30, 2021 Filing 14 ADDITIONAL ATTACHMENTS to #11 Second Amended Complaint, #7 Amended Complaint by Plaintiff Victor Sanchez, Jr. (jak) **Clerk's note: the original of page 11 is illegible.
July 27, 2021 Filing 13 Notice filed by Victor Sanchez, Jr. (jak)
July 27, 2021 Filing 12 MOTION to Appoint Counsel filed by Victor Sanchez, Jr. (jak)
July 27, 2021 Filing 11 SECOND AMENDED COMPLAINT against All Defendants filed by Victor Sanchez, Jr. 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)
July 27, 2021 Filing 10 Second Motion for Leave to Proceed in forma pauperis filed by Victor Sanchez, Jr. (jak)
July 26, 2021 Filing 9 MOTION to Appoint Counsel filed by Victor Sanchez, Jr. (jak)
July 26, 2021 Filing 8 MOTION for Leave to Proceed in forma pauperis filed by Victor Sanchez, Jr. (jak)
July 26, 2021 Filing 7 AMENDED COMPLAINT against Taylor County Adult Detention Center filed by Victor Sanchez, Jr. 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) (Main Document 7 replaced on 7/26/2021) (jak).
July 21, 2021 Filing 6 Notice and Motions for Subpoena, to Proceed In forma Pauperis (bottom of cover letter attached to this filing) and for Copies of All Documents Submitted to the Court filed by Victor Sanchez, Jr. (Attachments: #1 Pro Se Response letter) (jak)
July 19, 2021 Opinion or Order Filing 5 ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff must address the following deficiency: The complaint was not filed on the court-approved form and neither the $402 filing fee nor a request to proceed in forma pauperis was submitted. Therefore, by August 19, 2021 (30 days), Plaintiff is ORDERED to (1) file his civil-rights complaint on the approved form, and (2) 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, a certificate of inmate trust account with authorization, and a prisoner civil-rights complaint form marked "amended," to Plaintiff along with a copy of this order. (Ordered by Senior Judge Sam R Cummings on 7/19/2021) (chmb)
July 19, 2021 Opinion or Order 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 7/19/2021) (chmb)
July 19, 2021 Filing 3 Notice and Instruction to Pro Se Party. (jak)
July 19, 2021 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)
July 19, 2021 Filing 1 COMPLAINT against Taylor County Adult Detention Center filed by Victor Sanchez, Jr. 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)
July 19, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No:2, 3. Mon Jul 19 09:07:24 CDT 2021 (crt)
July 19, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No:4, 5. Electronic Orders 4 and 5 printed and mailed to Plaintiff along with an Amended 1983 Complaint Form along with a blank IFP Form Mon Jul 19 14:12:29 CDT 2021 (crt) .

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Plaintiff: Victor Sanchez, Jr.
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Defendant: Taylor County Adult Detention Center
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Defendant: Abilene Police Department
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Defendant: FNU Valentine
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