Dunn v. Texas Department of Criminal Justice, John Middleton Unit et al
| John Joseph Dunn |
| Texas Department of Criminal Justice, John Middleton Unit, Chimdi Akwitti, Paula Williams, FNU Thompson, FNU Layland, FNU O'Connor and FNU Graves |
| The Office of the Attorney General |
| 1:2022cv00142 |
| October 3, 2022 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| John R Parker |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 28
ORDER GRANTING REQUEST FOR TIME EXTENSION. Before the Court is an Amicus Curiae Motion for Extension of Time to File Martinez Report, filed by the Office of the Texas Attorney General (OAG). See Dkt. No. #27 . In the Motion now before the Court, the OAG respectfully requests additional time to gather records and prepare a written report. Id. at 1. After reviewing the Motion and pending Court deadlines, the Court GRANTS the OAG's motion and extends the time to file the Martinez report to no later than January 5, 2023. (Ordered by Magistrate Judge John R. Parker on 11/21/2022) (skf)
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| Filing 27 MOTION for Extension of Time to File Martinez Report. Notice of The Office of the Attorney General's Amicus Curiae, Advisory for Extension to File a Martinez Report re: #15 Order, filed by The Office of the Attorney General (Larmer, Reese) Modified on 11/21/2022 to change event to a motion (amg). |
| Filing 26 NOTICE of Change of Address for Pro Se litigant John Joseph Dunn. New address: TDCJ Montford Unit 8602 Peach Street Lubbock, TX 79404-7777. **Clerk's Note: Requested forms mailed to Plaintiff. (skf) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:28. mailed to John Joseph Dunn at TDCJ Montford Unit on Mon Nov 21 16:40:56 CST 2022 (crt) |
| Filing 25 Administrative Record consisting of Authenticated Records received from TDCJ and forwarded to JRP chambers. (amg) |
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Filing 24
ORDER. For the reasons stated in this Order, Dunn's Motion to Amend #20 is DENIED without prejudice to his right to amend or supplement his Complaint pursuant to the instructions provided for in this Order. The Clerk of Court is directed to mail Dunn a copy of his Motion to Amend/Correct (Dkt. No. 20), another copy of the Court's Order granting him permission to proceed in forma pauperis (Dkt. No. 6), and the Instructions to a Prisoner Pro Se Plaintiff (Dkt. No. 3). Dunn is ORDERED to review and follow the instructions in the Court's Order to proceed in forma pauperis and Instructions to a Prisoner Pro Se Plaintiff. The Clerk of Court is further directed to mail Dunn a Prisoner's Civil Rights Complaint form title AMENDED COMPLAINT. **Clerk's Note: documents listed mailed under cover of this Order to Plaintiff. (Ordered by Magistrate Judge John R. Parker on 11/9/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 24. with Dkt. No. 20 Motion to Amend, Dkt. No. 6 PLRA Filing Fee Order, Dkt. No. 3 Instructions to a Prisoner Pro Se Plaintiff, and an amended complaint form mailed to John Joseph Dunn at TDCJ Middleton Unit on Wed Nov 9 16:38:51 CST 2022 (crt) |
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Filing 23
ORDER. For the reasons stated in this Order, Dunn's #19 motion for a TRO is DENIED. (Ordered by Magistrate Judge John R. Parker on 11/8/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 23. mailed to John Joseph Dunn at TDCJ Middleton Unit on Tue Nov 8 15:40:43 CST 2022 (crt) |
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Filing 22
ORDER DENYING MOTION TO WITHDRAW CONSENT. For the reasons stated in this Order, Dunn's Motion to Withdraw Consent to Proceed Before a United States Magistrate Judge is DENIED without prejudice to his filing another motion if he can demonstrate extraordinary circumstances. (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: 22. mailed to John Joseph Dunn at TDCJ Middleton Unit on Mon Nov 7 09:59:41 CST 2022 (crt) |
| Filing 21 MOTION to Withdraw Consent to Magistrate Judge filed by John Joseph Dunn. See Dkt. No. #20 . **Clerk's Note: per instruction from Judge Parker. (amg) |
| Filing 20 MOTION to Amend/Correct filed by John Joseph Dunn. (amg) Modified on 11/4/2022 per instruction from Judge Parker (amg). |
| Filing 19 MOTION for Temporary Restraining Order filed by John Joseph Dunn. (amg) |
| Filing 18 RESPONSE filed by John Joseph Dunn re: #10 Magistrate Judge's Questionnaire. (amg) |
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Filing 17
ORDER GRANTING MOTION TO SUPPLEMENT. The Court construes Dunn's motion #13 as one to supplement his claims and GRANTS the motion. The information Dunn provides through the motion will be considered by the Court in the screening of Dunn's claims. **Clerk's Note: defendants Grievance Officer Layland, Sgt. O'Connor and LVN Graves to be added. (Ordered by Magistrate Judge John R. Parker on 10/27/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 17. mailed to John Joseph Dunn at TDCJ Middleton Unit on Thu Oct 27 16:11:09 CDT 2022 (crt) |
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Filing 16
ORDER DENYING MOTION TO APPOINT COUNSEL. For the reasons stated in this Order, Dunn's Motion to Appoint Counsel #12 , is DENIED without prejudice to his requesting appointment of counsel after the Court has completed the screening of his case or should there be a material change of circumstances that affect the above four factors. (Ordered by Magistrate Judge John R. Parker on 10/26/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 16. mailed to John Joseph Dunn at TDCJ Middleton Unit on Wed Oct 26 10:54:44 CDT 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 15. mailed to John Joseph Dunn at TDCJ Middleton Unit on Wed Oct 26 09:05:19 CDT 2022 (crt) |
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Filing 15
ORDER. It is ORDERED that TDCJ Middleton Unit shall prepare a Martinez report and file it with the Court no later than November 22, 2022. The Clerk is ORDERED to provide a copy of this Order and a copy of Dunn's Complaint (Dkt. No. 1) to TDCJ Middleton Unit. These documents shall be transmitted by e-mail to the appropriate e-mail addresses at the Office of the Attorney General for the State of Texas. **Clerk's Note: a copy of #1 Complaint mailed under cover of this Order to the Warden of the Middleton Unit and emailed to the Office of the Attorney General (as provided in the Wiki for 1983 Complaints). (Ordered by Magistrate Judge John R. Parker on 10/25/2022) (amg)
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Filing 14
ORDER. For the reasons stated in this Order, Dunn's motion for a TRO #9 is DENIED. (Ordered by Magistrate Judge John R. Parker on 10/21/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 14. mailed to John Joseph Dunn at TDCJ Middleton Unit on Fri Oct 21 10:30:54 CDT 2022 (crt) |
| Filing 13 MOTION to Amend/Correct #1 Complaint, filed by John Joseph Dunn. (Attachments: #1 Step 1 Grievance) (amg) |
| Filing 12 MOTION to Appoint Counsel filed by John Joseph Dunn. (Attachments: #1 Additional Page(s)) (amg) |
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Filing 11
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, including any relevant videos or other surveillance video. The Clerk of Court is directed to provide the above officials with a copy of Plaintiff's Complaint, Dkt. No. 1, and the Transfer Order, Dkt. No. 7, 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 November 15, 2022. **Clerk's Note: #1 Complaint and #7 Transfer Order mailed under cover of this Order to the officials listed. (Ordered by Magistrate Judge John R. Parker on 10/19/2022) (amg)
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Filing 10
MAGISTRATE JUDGE'S QUESTIONNAIRE. Plaintiff is ORDERED to complete the attached Questionnaire. Plaintiff must certify under penalty of perjury that his answers to this Questionnaire are true by signing the included Certification. Plaintiff's responses to the Questionnaire and his Certification must both be returned to the United States District Clerk, Abilene Division, no later than November 15, 2022. (Ordered by Magistrate Judge John R. Parker on 10/19/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 10, 11. mailed to Courtney Devon Trapp at TDCJ Coffield Unit on Wed Oct 19 10:13:24 CDT 2022 (crt) |
| Filing 9 MOTION for Temporary Restraining Order filed by John Joseph Dunn. **Clerk's Note: per instruction from lcbs/Judge Parker. (amg) |
| Filing 8 Prisoner Consent by John Joseph Dunn to Trial by Magistrate Judge. (amg) |
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Filing 7
ORDER. 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 shall hereafter be numbered Civil Action No. 1:22-cv-00142-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 pursuant to 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 Senior Judge Sam R Cummings on 10/11/2022) (amg)
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Filing 6
PLRA FILING FEE ORDER. The Court, having considered the application in light of the PLRA, finds that the following order should be entered. It is ORDERED that Plaitiff is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915. Plaintiff is assessed an initial partial filing fee of $2.67. Thereafter, Plaintiff shall pay $347.33, the balance of the filing fee, in monthly installments as provided in 28 U.S.C. 1915(b)(2). **Clerk's Note: TDCJ Inmate Trust Office has been electronically notified of this order. (Ordered by Senior Judge Sam R Cummings on 10/11/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 6, 7. mailed to John Joseph Dunn at TDCJ Middleton Unit on Tue Oct 11 10:21:50 CDT 2022 (crt) |
| Filing 5 Status Request by John Joseph Dunn with Deputy Clerk Response. Clerk's Note: Copy of public docket sheet mailed to Plaintiff. (Attachments: #1 Clerk's Response Letter) (skf) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. copy of public docket sheet mailed to John Joseph Dunn at TDCJ Middleton Unit on Thu Oct 6 11:59:29 CDT 2022 (crt) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by John Joseph Dunn. (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 John Joseph Dunn. 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 John Joseph Dunn at TDCJ Middleton Unit on Mon Oct 3 14:30:44 CDT 2022 (crt) |
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