Weirich v. Taylor County Jail et al

Plaintiff: Paul D Weirich
Defendant: Taylor County Jail, Burnet County Jail, D Davis, Ricky Bishop and Byron Hatchett
Case Number: 1:2021cv00166
Filed: September 9, 2021
Court: US District Court for the Northern District of Texas
Presiding Judge: James Wesley Hendrix
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 January 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 3, 2021 Filing 18 ORDER TO ANSWER MAGISTRATE JUDGE'S QUESTIONNAIRE. Plaintiff's responses to the Questionnaire and his certification must both be returned to the United States District Clerk, Abilene Division, P.O. Box 1218, Abilene, Texas, 79604 no later than November 24, 2021. (Ordered by Magistrate Judge John R. Parker on 11/3/2021) (amg)
November 3, 2021 Filing 17 NOTICE of Change of Address for Pro Se litigant Paul D Weirich. New address: 801 East 14th Street, Apt. 18, Sweetwater, Texas 79556. **Clerk's Note: Dkt. nos. 14, 15, and 16 re-mailed to Plaintiff at new address. (amg)
November 3, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No: 18. Wed Nov 3 16:48:24 CDT 2021 (crt)
November 2, 2021 Filing 16 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 thirty (30) days from the receipt of this notice. (Ordered by Magistrate Judge John R. Parker on 11/2/2021) (amg)
November 2, 2021 Filing 15 ORDER FOR AUTHENTICATED RECORDS. 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. 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 November 23, 2021. The Clerk shall mail a copy of this order and Plaintiff's Amended Complaint #8 to the above-listed addresses. **Clerk's Note: This Order and Plaintiff's Amended Complaint mailed to entities listed on this Order. Responses due by 11/23/2021. (Ordered by Magistrate Judge John R. Parker on 11/2/2021) (amg)
November 2, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No: 15, 16. Tue Nov 2 09:30:43 CDT 2021 (crt)
October 27, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No: 14. Wed Oct 27 13:14:02 CDT 2021 (crt)
October 26, 2021 Filing 14 ORDER OF SEVERANCE AND TRANSFER. It is ORDERED that all claims against Burnet County Jail and D. Davis, APRN, GNP, alleged to have occurred at the Burnet County Jail be severed from the instant Amended Complaint and transferred to the United States District Court for the Western District of Texas, Austin Division, in accordance with 28 U.S.C. 1406(a). Clerk to open new case for severed matter. New case no. 1:21-cv-194-BU opened for severed parties. (Ordered by Magistrate Judge John R. Parker on 10/26/2021) (amg)
October 15, 2021 Filing 13 ORDER TRANSFERRING THE CASE TO THE UNITED STATES MAGISTRATE JUDGE. After an initial review under 28 U.S.C. 1915, 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 will now be numbered Civil Action No. 1:21-CV-00166-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 under 28 U.S.C. 636(b)(1) within 365 days from the date of this order in the following circumstances: (1) the Plaintiff does not consent to proceed before the Magistrate Judge; or (2) the Plaintiff consents to proceed before the Magistrate Judge, but a Defendant does not consent. (Ordered by Judge James Wesley Hendrix on 10/15/2021) (amg)
October 15, 2021 Filing 12 ORDER. Plaintiff filed a second request for the appointment of counsel #10 . The Court denied Plaintiff's first request on September 21, 2021, without prejudice to his renewing his motion after completion of judicial screening or if there is a material change in circumstances #7 . Judicial screening remains pending, and Plaintiff has not shown any material change in his circumstances. His second request for appointment of counsel is denied. (Ordered by Judge James Wesley Hendrix on 10/15/2021) (amg)
October 15, 2021 Filing 11 PLRA FILING FEE ORDER. After reviewing the application, the Court orders the following: Plaintiff is granted leave to proceed in forma pauperis under 28 U.S.C. 1915. Plaintiff will not be assessed an initial partial filing fee because he lacks the requisite funds in his prison account to pay an initial fee; however, plaintiff will be required to pay the full filing fee of $350.00 under the PLRA. The Clerk will mail a copy of this order to the inmate accounting office or other persons or entity with responsibility for assessing, collecting, and remitting to the Court the interim filing fee payments on behalf of inmates, as designated by the facility in which Plaintiff is confined. **Clerk's Note: copy of Order forwarded to Taylor County Detention Center, Inmate Trust Fund Office. (Ordered by Judge James Wesley Hendrix on 10/15/2021) (amg)
October 15, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No: 11, 12, 13. Fri Oct 15 14:38:01 CDT 2021 (crt)
October 7, 2021 Filing 10 (Second) MOTION for the Appointment of Counsel, filed by Paul D Weirich. (amg)
October 7, 2021 Filing 9 MOTION for Leave to Proceed in forma pauperis with certificate of trust account, filed by Paul D Weirich. (amg)
October 7, 2021 Filing 8 AMENDED COMPLAINT against All Defendants filed by Paul D Weirich. 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)
September 21, 2021 Filing 7 ORDER. The Court notes that Plaintiff has not shown any inability to adequately present and investigate his case or shown that exceptional circumstances are involved to justify the appointment of counsel at this stage of the case. Plaintiff's request for appointment of counsel 4 is denied without prejudice to Plaintiff's right to request appointment of counsel after the Court has completed screening of his case or should there be a material change of circumstances. (Ordered by Judge James Wesley Hendrix on 9/21/2021) (amg)
September 21, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No: 7. Tue Sep 21 16:09:43 CDT 2021 (crt)
September 9, 2021 Filing 6 ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff must address the following deficiencies: 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 October 11, 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). 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 Judge James Wesley Hendrix on 9/9/2021) (chmb)
September 9, 2021 Filing 5 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 Judge James Wesley Hendrix on 9/9/2021) (chmb)
September 9, 2021 Filing 4 MOTION to Appoint Counsel, filed by Paul D Weirich. **Clerk's Note: see page 5, last paragraph. (amg)
September 9, 2021 Filing 3 Notice and Instruction to Pro Se Party. (amg)
September 9, 2021 Filing 2 COMPLAINT against All Defendants filed by Paul D Weirich. 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)
September 9, 2021 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. (amg)
September 9, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No: 5, 6, with amended 1983 complaint and application to proceed in forma pauperis forms. Thu Sep 9 13:29:27 CDT 2021 (crt)
September 9, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No: 1, 3. Thu Sep 9 11:03:40 CDT 2021 (crt)

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Plaintiff: Paul D Weirich
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Defendant: Taylor County Jail
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Defendant: Burnet County Jail
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Defendant: D Davis
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Defendant: Ricky Bishop
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Defendant: Byron Hatchett
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