Simmons v. Kilpatrick et al
| Devin Simmons |
| FNU Erizona, Sean C Kilpatrick, Sgt. E, FNU Main, FNU Guerra and M Taylor |
| 1:2023cv00081 |
| April 18, 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 9, 2023. A more recent docket listing may be available from PACER.
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Filing 20
ORDER. Before the Court is Simmons's Request to Subpoena and/or Review Video Footage, and Motion for Unit Transfer filed May 8, 2023. Dkt. No. #14 . Also before the Court is Simmons's repetitive Motion seeking a transfer to a different TDCJ Unit filed on May 22, 2023. Dkt. No. #17 . For the reasons explained within, Simmons's Motions are DENIED. (Ordered by Magistrate Judge John R. Parker on 6/9/2023) (skf)
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Filing 19
MAGISTRATE JUDGE'S QUESTIONNAIRE. Plaintiff, Devin Simmons, 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, P.O. Box 1218, Abilene, Texas, 79604 no later than July 7, 2023. (Ordered by Magistrate Judge John R. Parker on 6/9/2023) (skf)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:19,20. mailed to Devin Simmons at TDCJ Robertson Unit on Fri Jun 9 09:19:24 CDT 2023 (crt) |
| Filing 18 Administrative Record consisting of TDCJ Authenticated Records received and hand delivered to JRP chambers. (skf) |
| Filing 17 MOTION to be Unit Transfer Pending Action filed by Devin Simmons. (skf) |
| Filing 16 Prisoner Consent by Devin Simmons to Trial by Magistrate Judge. (skf) |
| Filing 15 Prisoner Consent by Devin Simmons to Trial by Magistrate Judge. See #14 Motion, page 3. per instruction form lckt/Judge Parker. (amg) |
| Filing 14 MOTION to Subpoena and/or Review Video Footage, and Motion for Unit Transfer, filed by Devin Simmons. (amg) |
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Filing 13
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. 10, 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 June 6, 2023. **Clerk's Note: #1 Complaint and #10 Transfer Order mailed under cover of this Order to the officials listed. (Ordered by Magistrate Judge John R. Parker on 5/8/2023) (amg)
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Filing 12
Notice of Option to Consent to Proceed Before the Magistrate Judge. 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 5/8/2023) (amg)
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| Filing 11 Public correspondence filed, received from Devin Simmons. (amg) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 12, 13. mailed to Devin Simmons at TDCJ Robertson Unit on Mon May 8 13:58:49 CDT 2023 (crt) |
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Filing 10
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. 1:23-CV-00081-BU. (Ordered by Senior Judge Sam R Cummings on 5/3/2023) (skf)
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Filing 9
PLRA FILING FEE ORDER. It is ORDERED that Plaintiff is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915. Plaintiff is assessed an initial partial filing fee of $18.00. The agency having custody of Plaintiff shall collect this amount from the trust fund account or institutional equivalent, when funds are available, and forward the initial fee to the Clerk of the District Court. See 28 U.S.C. 1915(b)(1). Thereafter, Plaintiff must pay $332.00, the balance of the filing fee, in monthly installments as provided in 28 U.S.C. 1915(b)(2). (Clerk note: TDCJ Inmate Trust Office has been electronically notified of this order.) (Ordered by Senior Judge Sam R Cummings on 5/3/2023) (skf) Modified on 5/3/2023 to add title of Order. (amg).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. mailed to Devin Simmons at TDCJ Robertson Unit on Wed May 3 11:10:00 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. mailed to Devin Simmons at TDCJ Robertson Unit on Wed May 3 11:11:28 CDT 2023 (crt) |
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Filing 8
ORDER. The Court DENIES Simmons's motion without prejudice as premature. Simmons has not cured his preliminary filing deficiencies, and judicial screening of his complaint is pending. See 28 U.S.C. 1915A. Moreover, as ordered by the Court on April 19, 2023, all discovery in this case is stayed until further notice. (Ordered by Senior Judge Sam R Cummings on 5/1/2023) (skf)
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| Filing 7 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Devin Simmons. (skf) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. mailed to Devin Simmons at TDCJ Robertson Unit on Mon May 1 13:37:19 CDT 2023 (crt) |
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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 19, 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 Plaintiff's current prison unit. (Ordered by Senior Judge Sam R Cummings on 4/19/2023) (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 4/19/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. mailed to Devin Simmons at TDCJ Robertson Unit on Wed Apr 19 13:15:05 CDT 2023 (crt) |
| Filing 4 MOTION for Discovery filed by Devin Simmons. (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 Devin Simmons. 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 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (skf) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3,2. mailed to Devin Simmons at TDCJ Robertson Unit on Tue Apr 18 12:09:11 CDT 2023 (crt) |
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