Toson v. Taylor et al
| Durand Toson |
| Myisha S Taylor, Franklin P Holman, Laurent P Massouema, Alan W Merchant, Mollie F Burnham, John Doe #1 1:23-cv-077, Preston A Watts, Terrance L Frank, John Doe #2 1:23-cv-077 and John Doe #3 1:23-cv-077 |
| 1:2023cv00077 |
| April 13, 2023 |
| 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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This docket was last retrieved on June 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 NOTICE dated 06/1/2023 filed by Durand Toson. (skf) |
| Filing 18 Certificate of Trust Account by Durand Toson TDCJ # 2206334. (Attachments: #1 Clerk's Response Letter) (skf) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. clerk's response letter mailed to Durand Toson at TDCJ Robertson Unit on Mon Jun 5 13:38:11 CDT 2023 (crt) |
| Filing 17 MOTION to Withdraw Consent to Proceed Before a Magistrate Judge filed by Durand Toson. (skf) |
| Filing 16 ADDITIONAL ATTACHMENTS to #1 Complaint, by Plaintiff Durand Toson. **Clerk's Note: Copy of public docket sheet mailed to Plaintiff per request at page 3. (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 Mon May 15 13:54:48 CDT 2023 (crt) |
| Filing 15 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge John R. Parker: Evidentiary Hearing held on 5/10/2023. Attorney Appearances: Plaintiff - pro se; Defense - N/A. (Court Reporter: Digital File) (No exhibits) Time in Court - 0:6. Plaintiff made oral Motion requesting time to consider amending pleadings to dismiss claims (chmb) Modified time in hearing on 5/11/2023 (skf). |
| Filing 14 Prisoner Consent by Durand Toson to Trial by Magistrate Judge. (skf) |
Filing 13
ELECTRONIC ORDER: Evidentiary Hearing set for 5/10/2023 at 02:00 PM in US Courthouse, Courtroom 2000, 341 Pine St., Abilene, TX 79601-5928 before Magistrate Judge John R. Parker. (Ordered by Magistrate Judge John R. Parker on 5/9/2023) (mcrd)
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| Filing 12 Public correspondence received from Durand Toson. **Clerk's Note: copy of public docket sheet mailed to plainitff re: #10 Status Request. (skf) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis filed by Durand Toson. (skf) |
| Filing 10 Status Request by Durand Toson with Deputy Clerk Response. Copy of public docket sheet mailed to Plaintiff. (Attachments: #1 Clerk's Response Letter) (amg) |
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Filing 9
ORDER. After an initial review pursuant to 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 shall hereafter be numbered Civil Action No. 1:23-cv-00077-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 4/24/2023) (amg)
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Filing 8
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 Plaintiff is granted leave to proceed in forma pauperis pursuant to 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 pursuant to the PLRA. Plaintiff shall pay the $350.00 in monthly installments as provided in 28 U.S.C. 1915(b)(2). The clerk shall mail a copy of this order to the inmate accounting office or other person(s) 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's Note: TDCJ Inmate Trust Office has been electronically notified of this order. (Ordered by Senior Judge Sam R Cummings on 4/24/2023) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 8, 9. mailed to Durand Toson at TDCJ Robertson Unit on Mon Apr 24 11:37:27 CDT 2023 (crt) |
| Filing 7 Certificate of Trust Account by Durand Toson TDCJ # 2206334, re 6 Order and Notice of Deficiency. (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 or file a request to proceed in forma pauperis with a certificate of his inmate trust account. Therefore, by May 15, 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 Clerk will mail an application to proceed in forma pauperis to Plaintiff along with a copy of this order. It is Plaintiff's responsibility to obtain a certificate of his inmate trust account from the appropriate official at his prison unit. (Ordered by Senior Judge Sam R Cummings on 4/14/2023) (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 Senior Judge Sam R Cummings on 4/14/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. and Application to Proceed in Forma Pauperis mailed to Durand Toson at TDCJ Robertson Unit on Fri Apr 14 10:04:21 CDT 2023 (crt) |
| Filing 4 Carbon Copies of New Case Filing re: #1 Complaint filed by Durand Toson. (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. (Attachments: #1 Declaration(s), #2 Additional Page(s)) (skf) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3,2. mailed to Durand Toson at TDCJ Robertson Unit on Thu Apr 13 13:48:03 CDT 2023 (crt) |
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