Toson v. Smythe et al
| Durand Toson |
| Matthew T Smythe, Thaddeus J Porter, Terroll Rutledge, Merari Lopez, Jane Doe 1 1:23-cv-37, Donovan R Oconnor, Aubrey W Burelson, J Anderson, Jennifer S Crozby, John Doe 1 1:23-cv-37, John Doe 2 1:23-cv-37, John Doe 3 1:23-cv-37 and Greg Rodriguez |
| 1:2023cv00037 |
| February 22, 2023 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| 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 April 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 Certificate of Trust Account by Durand Toson TDCJ # 2206334 re 6 Order and Notice of Deficiency. (skf) |
| Filing 17 Public correspondence filed, deputy clerk response attached, received from Durand Toson. re: #16 Order. **Clerk's Note: Original dkt. nos.7, 8, 9, 10, 13, and 15 mailed to Plaintiff as well as copy of dkt. no. 1. (Attachments: #1 Clerk's Response Letter) (skf) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. Clerk's response letter and dkt 1, 7, 8, 9, 10, 13, and 15 mailed to Durand Toson at TDCJ Robertson Unit on Fri Apr 14 14:34:25 CDT 2023 (crt) |
Filing 16
ORDER. Because his attempts to supplement his complaint do not meet the Court's conditions requiring a complete amended complaint to accompany any motion to amend or supplement, the Clerk is directed to unfile and return them to Plaintiff. (See Dkt. Nos. #7 , #8 , #9 , #10 , #13 , #15 .) Plaintiff's requests to supplement his complaint and his request for preliminary injunctive relief are denied. If Plaintiff wishes to submit a complete amended complaint according to the instructions within, he must do so within 30 days of the date ofthis order. The Clerk is directed to send a prisoner civil-rights complaint form marked amended, and No. 1:23-CV-00037-H. Additionally, the Clerk is directed to send a copy of this order to the Warden of the Robertson Unit. **Clerk's Note: copy of Order mailed to Warden, Robertson Unit. (Ordered by Judge James Wesley Hendrix on 4/6/2023) (skf) Modified on 4/7/2023 (amg). Modified on 4/14/2023 (skf).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:16. and amended complaint form mailed to Durand Toson at TDCJ Robertson Unit on Thu Apr 6 13:15:49 CDT 2023 (crt) |
| Filing 15 **UNFILED per #16 Order**ADDITIONAL ATTACHMENTS to #1 Complaint, by Plaintiff Durand Toson. (skf) Modified on 4/7/2023 (amg). |
| Filing 14 MOTION for the Court to issue Show Cause Order. **Clerk's Note: After multiple attempts, carbon copied grivance can not be made clearer. (skf). (Main Document 14 replaced on 3/21/2023) (skf). |
| Filing 13 **UNFILED per #16 Order**ADDITIONAL ATTACHMENTS to #1 Complaint, by Plaintiff Durand Toson. (Attachments: #1 Additional Page(s)) (amg) Modified on 4/7/2023 (amg). |
| Filing 12 Status Request by Durand Toson. See #11 . **Clerk's Note: Copy of public docket sheet mailed to Plaintiff. (skf) |
| Filing 11 MOTION to Issue Summons filed by Durand Toson. (Attachments: #1 Proposed Summons) (skf) |
| Filing 10 **UNFILED per 16 Order** MOTION to Supplement Complaint filed by Durand Toson. (skf) Modified on 4/14/2023 (skf). |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. copy of public docket sheet mailed to Durand Toson at TDCJ Robertson Unit on Wed Mar 8 15:54:24 CST 2023 (crt) |
| Filing 9 **UNFILED per #16 Order**ADDITIONAL ATTACHMENTS to #7 Motion to Supplement Complaint by Plaintiff Durand Toson. (skf) Modified on 4/7/2023 (amg). |
| Filing 8 **UNFILED per #16 Order**ADDITIONAL ATTACHMENTS to #7 Motion to Supplement Complaint by Plaintiff Durand Toson. (skf) Modified on 4/7/2023 (amg). |
| Filing 7 **UNFILED per #16 Order** MOTION to Supplement Complaint filed by Durand Toson. (Attachments: #1 Proposed Supplement, #2 Attachments to Proposed Supplement) (skf) Modified on 4/14/2023 (skf). |
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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. He filed a request to proceed in forma pauperis, but he did not submit a certificate of his inmate trust account with authorization. Therefore, by April 3, 2023 (30 days), Plaintiff is ORDERED to pay the $402 filing fee or file the required certificate of inmate trust account with authorization. Plaintiff's failure to comply with this order may result in the dismissal of this action under Federal Rule of Civil Procedure 41(b). Plaintiff must obtain his certificate of inmate trust account from officials at his current prison unit. (Ordered by Judge James Wesley Hendrix on 3/1/2023) (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 3/1/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. mailed to Durand Toson at TDCJ Robertson Unit on Wed Mar 1 10:53:00 CST 2023 (crt) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Durand Toson. (Attachments: #1 Additional Page(s)) (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 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. (skf) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3,2. mailed to Durand Toson at TDCJ Robertson Unit on Wed Feb 22 13:01:56 CST 2023 (crt) |
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