Toson v. McGuire et al
| Durand Toson |
| Michael A McGuire, Shawn M. Ellison, Corey L Layne, Robert W Norton and Preston A Watts |
| 1:2022cv00130 |
| September 6, 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 |
| None |
Docket Report
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Filing 11
ORDER TRANSFERRING THE CASE TO THE UNITED STATES MAGISTRATE JUDGE. 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-00130-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 if a Defendant does not consent to proceed before the Magistrate Judge. (Ordered by Judge James Wesley Hendrix on 10/3/2022) (amg)
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Filing 10
PLRA FILING FEE ORDER. The Court orders the following: Plaintiff is granted leave to proceed in forma pauperis under 28 U.S.C. 1915. Plaintiff is assessed an initial partial filing fee of $230.91. Thereafter, Plaintiff must pay $119.09, the balance of the filing fee, in monthly installments as provided in 28 U.S.C. 1915(b)(2). **Clerk Note: TDCJ Inmate Trust Office has been electronically notified of this order. (Ordered by Judge James Wesley Hendrix on 10/3/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 10, 11. mailed to Durand Toson at TDCJ Robertson Unit on Mon Oct 3 11:16:33 CDT 2022 (crt) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis filed by Durand Toson. (Attachments: #1 Writ of Prevention) (amg) |
| Filing 8 Public correspondence filed, deputy clerk response attached, received from Durand Toson. (Attachments: #1 Clerk's Response Letter) (skf) |
| Filing 7 Prisoner Consent by Durand Toson to Trial by Magistrate Judge. **Clerk's Note: Handwritten file-stamped copy returned to Plaintiff. (skf) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. Clerk's response letter mailed to Durand Toson at TDCJ Robertson Unit on Wed Sep 14 11:57:52 CDT 2022 (crt) |
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Filing 6
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff must address the following deficiency: Plaintiff did not pay the $402 filing fee or file a request to proceed in forma pauperis with a certificate of his inmate trust account. Therefore, by October 6, 2022 (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). The Clerk will mail an application to proceed in forma pauperis to Plaintiff along with a copy of this order. It is Plaintiff's responsibility to obtain a certificate of his inmate trust account from the appropriate official at his prison unit. (Ordered by Judge James Wesley Hendrix on 9/7/2022) (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 Judge James Wesley Hendrix on 9/7/2022) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. and application to proceed in forma pauperis mailed to Durand Toson at TDCJ Robertson Unit on Wed Sep 7 09:07:48 CDT 2022 (crt) Modified on 9/7/2022 (skf). |
| Filing 4 MOTION for Temporary Restraining Order, see #1 Complaint, page 9, filed by Durand Toson. (amg) Modified on 9/7/2022: Motion terminated per instruction from STARH/Judge Hendrix (amg). |
| Filing 3 Notice and Instruction to Pro Se Party. (amg) |
| 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. (amg) |
| Filing 1 COMPLAINT against All Defendants filed by Durand Toson. 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) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 3, 2. mailed to Durand Toson at TDCJ Robertson Unit on Tue Sep 6 15:24:37 CDT 2022 (crt) |
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