Martinez v. Wallace et al
| Ricardo A Martinez |
| Brittany Wallace, Dakota Thornton, Crystal Reyes, H M Pederson, T Phillips, FNU Gates, K Burnett, FNU Robinson, FNU Cano and FNU Lopez |
| 1:2022cv00136 |
| September 20, 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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| Filing 16 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Ricardo A Martinez. 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. **Clerk's Note: defendants K. Burnett, FNU Robinson, FNU Cano, and FNU Lopez added. (Attachments: #1 Supplemental Affidavit of Claims, #2 Inmate Request, #3 Step 1 & 2 Grievance 2021002067, #4 Step 1 & 2 Grievance 2021003243, #5 Step 1 & 2 Grievance 2021114198, #6 Step 1 Grievance 2022077589, #7 Disciplinary Hearing Case 202100001261, #8 Property Receipt 01030) (amg) |
Filing 15
ORDER GRANTING LEAVE TO AMEND. Before the Court is Martinez's Motion for Leave to Amend Complaint. Dkt. No. #12 . Upon consideration of Martinez's motion and the applicable legal standards, the Court finds that the motion should be GRANTED. The Clerk is DIRECTED to separately file Martinez's proposed Amended Complaint. Martinez's Amended Complaint replaces all previously filed complaints, notices, and other statements of claims, and will be the only pleading considered by the Court in the screening of his claims. (Ordered by Magistrate Judge John R. Parker on 11/7/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 15. mailed to Ricardo A Martinez at TDCJ Robertson Unit on Mon Nov 7 09:48:17 CST 2022 (crt) |
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Filing 14
ORDER DENYING MOTION TO ISSUE SUMMONS. Because Martinez's Complaint remains under preliminary review, service of process will be withheld. And because there is no legal basis for Martinez's #13 Motion to Issue Summons, it is frivolous and DENIED (Ordered by Magistrate Judge John R. Parker on 11/1/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 14. mailed to Ricardo A Martinez at TDCJ Robertson Unit on Tue Nov 1 16:57:18 CDT 2022 (crt) |
| Filing 13 MOTION to Issue Summons filed by Ricardo A Martinez. (Attachments: #1 Summonses) (amg) |
| Filing 12 Martinez's MOTION for Leave to Amend Complaint Before Defendant's Answer thereto filed by Ricardo A Martinez. (Attachments: #1 Amended Complaint, #2 Affidavit of Claim in Support, #3 Property Receipt 01030, #4 Inmate Request to TDCJ, #5 Step 1 and 2 Grievance 2021002067, #6 Step 1 and 2 Grievance 2021003243, #7 Step 1 and 2 Grievance 2021114298, #8 Step 1 Grievance 2022077589, #9 Disciplinary Hearing Report 20210000126) (amg) |
| Filing 11 RESPONSE filed by Ricardo A Martinez re: #9 Magistrate Judge's Questionnaire. (amg) |
| Filing 10 Administrative Record consisting of TDCJ Authenticated Records, received and forwarded to JRP Chambers. (skf) |
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Filing 9
Magistrate Judge's Questionnaire sent to Ricardo A. Martinez. Responses due by 10/24/2022. (Ordered by Magistrate Judge John R. Parker on 9/26/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 9. mailed to Ricardo A Martinez at TDCJ Robertson Unit on Mon Sep 26 13:02:50 CDT 2022 (crt) |
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Filing 8
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. The Clerk of Court is directed to provide the above officials with a copy of Plaintiff's Complaint, and the Transfer Order, along with this Order. 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 October 20, 2022. **Clerk's Note: Plaintiff's #1 Complaint and #6 Transfer Order mailed under cover of thsi Order to the officials listed. (Ordered by Magistrate Judge John R. Parker on 9/22/2022) (amg)
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Filing 7
Notice of Option to Consent to Proceed Before the Magistrate Judge. 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 9/22/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 7, 8. mailed to Ricardo A Martinez at TDCJ Robertson Unit on Thu Sep 22 15:28:17 CDT 2022 (crt) |
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Filing 6
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-00136-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 9/21/2022) (amg)
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Filing 5
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 is assessed an initial partial filing fee of $24.83. Thereafter, Plaintiff must pay $325.17, the balance of the filing fee, in monthiy 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 person or entiry responsible for assessing, collecting, and remitting to the Court the interim flling 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 9/21/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 5, 6. mailed to Ricardo A Martinez at TDCJ Robertson Unit on Wed Sep 21 14:27:24 CDT 2022 (crt) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Ricardo A Martinez. (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 All Defendants filed by Ricardo A Martinez. 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. **Clerk's Note: File-stamped copy returned to Plaintiff. (Attachments: #1 Additional Page(s)) (skf) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3,2. mailed to Ricardo A Martinez at TDCJ Robertson Unit on Tue Sep 20 14:33:23 CDT 2022 (crt) |
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