Gregory v. Texas Department of Criminal Justice, John Middleton Unit et al
| Michael De'Sean Gregory |
| Texas Department of Criminal Justice, John Middleton Unit and Chimdi Akwitti |
| The Office of the Attorney General |
| 1:2022cv00156 |
| October 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 |
| None |
Docket Report
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This docket was last retrieved on December 1, 2022. A more recent docket listing may be available from PACER.
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| Filing 15 Administrative Record consisting of Authenticated Records received from TDCJ and forwarded to JRP chambers. (amg) |
Filing 14
ORDER TO SHOW CAUSE. On October 27, 2022, the Court issued an Order requiring Plaintiff to complete the Magistrate Judge's Questionnaire and Certification. Dkt. No. 10. Plaintiff was ordered to return the Questionnaire by November 24, 2022. As of the date of this Order, Plaintiff has not complied. Therefore, it is ORDERED that no later than December 13, 2022, Plaintiff shall respond to the Court's Questionnaire with facts specific to the questions asked. It is further ORDERED, no later than December 13, 2022, Plaintiff shall file a response to this Order and show cause in writing for his failure to comply with the Court's previous Order. (Ordered by Magistrate Judge John R. Parker on 11/30/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 14. mailed to Michael De'Sean Gregory at TDCJ Middleton Unit on Wed Nov 30 09:33:37 CST 2022 (crt) |
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Filing 13
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. #12 . 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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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:13. mailed to Michael De'Sean Gregory at TDCJ Middleton Unit on Mon Nov 21 16:44:19 CST 2022 (crt) |
| Filing 12 MOTION to Extend Time to File Martinez Report. Notice of Amicus Curiae Advisory In Response To re: #7 Order Setting Deadline/Hearing,, filed by The Office of the Attorney General (Farias, Oscar) Modified on 11/21/2022 to change to a Motion (amg). |
| Filing 11 Public correspondence filed, deputy clerk response attached, received from Michael De'Sean Gregory. **Clerk's Note: corrected copies of docket nos. 8, 9, and 10 mailed to Plaintiff and to the officials listed in docket no. 9. (Attachments: #1 Clerk's Response Letter) (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 24, 2022. (Ordered by Magistrate Judge John R. Parker on 10/27/2022) (amg) (Main Document 10 replaced on 11/7/2022 to correct Inmate ID number) (amg).
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Filing 9
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. 6, 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 24, 2022. **Clerk's Note: #1 Complaint and #6 Transfer Order mailed under cover of this Order to the officials listed. (Ordered by Magistrate Judge John R. Parker on 10/27/2022) (amg) (Main Document 9 replaced on 11/7/2022 to correct Inmate ID number) (amg).
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Filing 8
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. The clerk shall mail this notice and the attached consent form to Plaintiff. (Ordered by Magistrate Judge John R. Parker on 10/27/2022) (amg) (Main Document 8 replaced on 11/7/2022 to correct Inmate ID number) (amg).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 8, 9, 10. mailed to Michael De'Sean Gregory at TDCJ Middleton Unit on Thu Oct 27 16:01:47 CDT 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 7. mailed to Michael De'Sean Gregory at TDCJ Middleton Unit on Wed Oct 26 09:12:34 CDT 2022 (crt) |
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Filing 7
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 Gregory'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 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-00156-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 10/24/2022) (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 $4.83.Thereafter, Plaintiff must pay $345.17, the balance of the filing fee, 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 person or entity responsible 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's Note: TDCJ Inmate Trust Office has been electronically notified of this order. (Ordered by Judge James Wesley Hendrix on 10/24/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 5, 6. mailed to Michael De'Sean Gregory at TDCJ Middleton Unit on Mon Oct 24 13:37:34 CDT 2022 (crt) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Michael De'Sean Gregory. (amg) |
| Filing 3 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 2 Notice and Instruction to Pro Se Party. (amg) |
| Filing 1 COMPLAINT against All Defendants filed by Michael De'Sean Gregory. 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: 2, 3. mailed to Michael De'Sean Gregory at TDCJ Middleton Unit on Thu Oct 20 11:20:52 CDT 2022 (crt) |
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