Varias v. State Classification Committee
| Antonio Varias |
| State Classification Committee |
| 1:2022cv00107 |
| July 13, 2022 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 8
ELECTRONIC ORDER: Plaintiff filed a motion to withdraw his civil-rights complaint. Dkt. No. #7 . Federal Rule of Civil Procedure 41(a) permits a plaintiff to dismiss an action without a court order by filing a notice of dismissal before the opposing party serves an answer. The Court finds that Plaintiff's motion serves as a self-executing notice of voluntary dismissal under Rule 41(a). This case is now closed, and any pending motions are terminated. Plaintiff is advised that if he refiles his complaint, he must submit his complaint on the court-approved form for prisoner civil-rights cases, and he must pay the $402.00 filing fee or file an application to proceed in forma pauperis with a certified statement of his inmate trust account. (Ordered by Senior Judge Sam R Cummings on 8/1/2022) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. mailed to Antonio Varias at TDCJ Robertson Unit on Mon Aug 1 14:45:42 CDT 2022 (crt) |
| Filing 7 MOTION for Voluntary Dismissal filed by Antonio Varias. (skf) |
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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 August 15, 2022 (30 days), Plaintiff is ORDERED to (1) file the 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 Senior Judge Sam R Cummings on 7/14/2022) (chmb)
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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 Senior Judge Sam R Cummings on 7/14/2022) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 5, 6, application to proceed IFP, and amended complaint forms mailed to Antonio Varias at TDCJ Robertson Unit on Thu Jul 14 11:10:19 CDT 2022 (crt) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Antonio Varias. (skf) (Main Document 4 replaced on 7/13/2022) (skf). |
| Filing 3 Notice and Instruction to Pro Se Party. (skf) |
| 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. (skf) |
| Filing 1 COMPLAINT against State Classification Committee filed by Antonio Varias. 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. (Attachments: #1 Additional Page(s)) (skf) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 3,2. mailed to Antonio Varias at TDCJ Robertson Unit on Wed Jul 13 11:44:54 CDT 2022 (crt) |
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| Plaintiff: Antonio Varias | |
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| Defendant: State Classification Committee | |
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