Noles v. Texas Department of Criminal Justice, John Middleton Unit et al
| John Noles |
| Texas Department of Criminal Justice, John Middleton Unit, Chimdi Akwitti, FNU McCain and FNU Layland |
| 1:2022cv00198 |
| December 30, 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 February 17, 2023. A more recent docket listing may be available from PACER.
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Filing 12
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 March 16, 2023. (Ordered by Magistrate Judge John R. Parker on 2/17/2023) (amg)
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Filing 11
Notice of Availability of Magistrate Judge to Exercise Jurisdiction. If appropriate, party(ies) should return the signed consent form to the clerk within 30 days from the receipt of this notice. (Ordered by Magistrate Judge John R. Parker on 2/17/2023) (amg)
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Filing 10
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. 9, 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 March 16, 2023. **Clerk's Note: Complaint #1 and Transfer Order #9 mailed under cover of this Order to the officials listed. (Ordered by Magistrate Judge John R. Parker on 2/17/2023) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 10, 11, 12. mailed to John Noles at TDCJ Lindsey State Jail on Fri Feb 17 09:24:59 CST 2023 (crt) |
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Filing 9
ORDER TRANSFERRING THE CASE TO 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-00198-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 2/15/2023) (amg)
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Filing 8
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 will not be assessed an initial partial filing fee because he lacks the requisite funds in his prison account to pay an initial fee; however, plaintiff will be required to pay the full filing fee of $350.00 under the PLRA. Plaintiff must pay the $350.00 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 persons or entity with responsibility 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 note: TDCJ Inmate Trust Office has been electronically notified of this order. (Ordered by Judge James Wesley Hendrix on 2/15/2023) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 8, 9. mailed to John Noles at TDCJ Lindsey State Jail on Wed Feb 15 14:13:03 CST 2023 (crt) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis filed by John Noles. (amg) |
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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 February 2, 2023 (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 required forms are available in the law library of Plaintiffs current prison unit. (Ordered by Judge James Wesley Hendrix on 1/3/2023) (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 1/3/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 6. mailed to John Noles at TDCJ Lindsey State Jail on Tue Jan 3 16:00:52 CST 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 5. mailed to John Noles at TDCJ Lindsey State Jail on Tue Jan 3 15:48:25 CST 2023 (crt) |
| Filing 4 MOTION to Issue Summons filed by John Noles. (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 Noles. 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 Noles at TDCJ Lindsey State Jail on Fri Dec 30 13:28:00 CST 2022 (crt) |
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