Breckles v. Fields et al
| John Allen Breckles |
| FNU Fields, FNU Santos and FNU Williams |
| 1:2022cv00019 |
| March 11, 2022 |
| 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 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 3, 2022. A more recent docket listing may be available from PACER.
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Filing 14
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 4/27/2022) (amg)
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Filing 13
ORDER TO REPLEAD. The Court ORDERS Breckles to file an amended complaint in which he provides a short and plain statement of the facts supporting his claims against TDCJ Middleton Unit officials Warden Williams, Officer Fields, and Officer Santos. The Clerk is directed to mail Breckles an Amended Prisoner's Civil Rights Complaint form and a copy of the Court's Order granting Breckles permission to proceed in forma pauperis (Dkt. No. 11) and the Instructions to a Prisoner Pro Se Plaintiff (Dkt. No. 7). Breckles must complete the Amended Complaint form and return to the Court by May 25, 2022. **Clerk's Note: PLRA Filing Fee Order #11 , Notice and Instructions to a Pro Se Party #7 , and an Amended Complaint form mailed under cover of this order to Plaintiff. (Ordered by Magistrate Judge John R. Parker on 4/27/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 13, 14, 7, 11 and amended complaint form, mailed to John Allen Breckles at TDCJ Beto Unit on Wed Apr 27 09:20:44 CDT 2022 (crt) |
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Filing 12
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. 1:22-CV-00019-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: the Plaintiff does not consent to proceed before the Magistrate Judge; or the Plaintiff consents to proceed before the Magistrate Judge, but a Defendant does not consent. (Ordered by Judge James Wesley Hendrix on 4/21/2022) (amg)
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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. Plaintiff must pay the $350.00 in monthly installments as provided in 28 U.S.C. 1915(b)(2). 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 note: TDCJ Inmate Trust Office has been electronically notified of this order. (Ordered by Judge James Wesley Hendrix on 4/21/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 11, 12. mailed to John Allen Breckles at TDCJ Beto Unit on Thu Apr 21 11:42:38 CDT 2022 (crt) |
| Filing 10 RESPONSE filed by John Allen Breckles re: #9 Order And Notice of Deficiency. (amg) |
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Filing 9
NOTICE OF DEFICIENCY AND ORDER. Because this lawsuit is separate and apart from the case that was filed in the Eastern District, Plaintiff must pay a separate filing fee. The Court finds that Plaintiff must, within 20 days from the date of this order, pay the $402.00 filing fee or notify the Clerk that he wishes the IFP documents filed in the Eastern District to be Considered in this case. Alternatively, in light of the Eastern District's sua sponte severance and transfer of Plaintiff's claims from the earlier case, Plaintiff will have the opportunity to withdraw this case against the Middleton Unit Defendants. If Plaintiff wishes to have this case dismissed without prepayment of the filing fee or assessment of IFP fees under 28 U.S.C. 1915, he must file a notice of dismissal within 20 days of the date of this order. (Ordered by Judge James Wesley Hendrix on 3/18/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 9. mailed to John Allen Breckles at TDCJ Beto Unit. Fri Mar 18 11:18:00 CDT 2022 (crt) |
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Filing 8
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 3/11/2022) (chmb)
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| Filing 7 Notice and Instruction to Pro Se Party. (jak) |
| Filing 6 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 5 Case electronically transferred in from District of Texas Eastern; Case Number 6:22-cv-00086. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. mailed to John Allen Breckles at TDCJ Beto Unit. Fri Mar 11 15:26:39 CST 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4, 6, 7. Fri Mar 11 13:26:42 CST 2022 (crt) |
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Filing 4
ORDER OF PARTIAL SEVERANCE AND TRANSFER. Plaintiff's claims against Defendants Fields, Santos, and Williams are SEVERED from this lawsuit and TRANSFERRED to the Northern District of Texas, Abilene Division. Signed by Magistrate Judge K. Nicole Mitchell on 3/10/2022. (wea, ) Modified on 3/11/2022 (wea, ). [Transferred from Texas Eastern on 3/11/2022.]
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| Filing 3 CASE REFERRED to Magistrate Judge K. Nicole Mitchell. (wea, ) [Transferred from Texas Eastern on 3/11/2022.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. CONSENT Form mailed to Plaintiff. (wea, ) [Transferred from Texas Eastern on 3/11/2022.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by John Allen Breckles. (wea, ) [Transferred from Texas Eastern on 3/11/2022.] |
| Filing 1 COMPLAINT against Bryan Collier, Brian Cooper, Robert "Bobby" Cooper, Unknown Fields, Andrea C. McGee, Juaquin Pope, II, Unknown Santos, Yolanda Walker, Unknown Williams, filed by John Allen Breckles. (Attachments: #1 Exhibit, #2 Envelope(s))(wea, ) (Additional attachment(s) added on 3/8/2022: #3 Letter) (wea, ). [Transferred from Texas Eastern on 3/11/2022.] |
| DEMAND for Trial by Jury by John Allen Breckles. (wea, ) [Transferred from Texas Eastern on 3/11/2022.] |
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