Albarado v. Collier et al
| Juan Manuel Albarado |
| Brian Collier, David Blackwell, FNU Merchant, FNU Layne, FNU Early, FNU Schmitt, FNU Valdez, FNU King, Beverly Harbour, Greg Rodriguez and FNU Jacobs |
| 1:2023cv00152 |
| June 30, 2023 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 31, 2023. A more recent docket listing may be available from PACER.
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Filing 73
ORDER. For the reasons stated herein, the Court DENIES Albarado's motions for preliminary injunctive relief. (Docs, #54 , #56 , #60 ). (Ordered by Senior Judge Sam R Cummings on 7/31/2023) (amg)
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Filing 72
ORDER. After reviewing Albarado's amended complaint and the procedural posture of this case, the Court orders the following: Albarado shall, within twenty (20) days from the date of this Order, either pay the $402 filing fee or file the following documents with the Clerk: a signed Application to Proceed in Forma Pauperis; a copy of his inmate trust account statement; and a signed copy of the Authorization portion of the Certificate of Inmate Trust Account. In addition, Albarado shall, within twenty (20) days from the date of this Order, file a signed, complete amended complaint on the form provided by the Court. At this time, Albarado may not attach any additional pages to his amended complaint. If he does so, the Court will direct the Clerk to unfile them. Apart from the amended complaint that the Court instructed Albarado to file, Albarado may not file any additional amendments or supplements to the complaint without obtaining prior Court approval. Because Albarado did not seek or obtain prior approval from the Court to file his July 17, 2023 "Original Supplemental & Amended Complaint," the Court DIRECTS the Clerk to unfile it. (Doc. 69). The Clerk shall mail Albarado a 42 U.S.C. 1983 complaint form marked "Amended Complaint" and an Application to Proceed in Forma Pauperis, each marked with this case number. Given the Court's specific instructions to file an amended complaint, Albarado's pending motions to amend and supplement his complaint are DISMISSED as unnecessary. (Docs. #57 , #59 ). Albarado filed a "Motion for Settlement & Negotiation," which the Court construes as a request to order that the parties mediate. (Doc. #58 ). Because Albarado has not yet cured his outstanding filing deficiencies and this case is pending judicial screening, the Court DENIES the motion without prejudice as premature. (Ordered by Senior Judge Sam R Cummings on 7/31/2023) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 72. with an amended complaint form and application IFP form mailed to Juan Manuel Albarado at TDCJ Robertson Unit on Mon Jul 31 11:08:55 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 73. mailed to Juan Manuel Albarado at TDCJ Robertson Unit on Mon Jul 31 11:39:48 CDT 2023 (crt) |
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Filing 71
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 7/27/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 71. mailed to Juan Manuel Albarado at TDCJ Robertson Unit on Thu Jul 27 10:01:35 CDT 2023 (crt) |
| Filing 70 Prisoner Consent by Juan Manuel Albarado to Trial by Magistrate Judge. (amg) |
| Filing 69 **UNFILED per #72 Order**Original Supplemental and Amended Complaint by Juan Manuel Albarado as to #53 Amended Complaint. (amg) Modified on 7/31/2023 (amg). |
| Filing 68 Notice and Instruction to Pro Se Party. (skf) |
| Filing 67 New Case Notes: A filing fee has not been paid. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) 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 66 Case electronically transferred in from District of Texas Eastern; Case Number 9:19-cv-00226. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| Magistrate Judge John R. Parker no longer assigned to case. (skf) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:61,67,68. mailed to Juan Manuel Albarado at TDCJ Robertson Unit on Fri Jun 30 14:25:47 CDT 2023 (crt) |
| Filing 65 ACKNOWLEDGMENT OF RECEIPT by Juan Manuel Albarado on 6/21/23 as to #62 Order to Answer & Scheduling Order. (ljw, ) [Transferred from Texas Eastern on 6/30/2023.] |
| Filing 64 REPORT AND RECOMMENDATIONS re #55 MOTION for Class Action Counsel Design filed by Juan Manuel Albarado. The motion for class certification should be denied. Signed by Magistrate Judge Zack Hawthorn on 6/21/23. (ljw, ) [Transferred from Texas Eastern on 6/30/2023.] |
| Filing 63 ACKNOWLEDGMENT OF RECEIPT by Gloria Chandler on 6/13/23 as to #62 Order to Answer & Scheduling Order. (ljw, ) [Transferred from Texas Eastern on 6/30/2023.] |
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Filing 62
ORDER TO ANSWER & SCHEDULING ORDER. Signed by Magistrate Judge Zack Hawthorn on 6/12/23. (ljw, ) [Transferred from Texas Eastern on 6/30/2023.]
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| Case as to Defendants Collier, Blackwell, Merchant, Layne, Early, Schmitt, Valdez, King, Harbour, Rodriguez and Jacobs will be transferred to another district 20 days from the date the Order of Transfer was entered on the docket, per Local Rule CV-83(b). (ljw, ) [Transferred from Texas Eastern on 6/30/2023.] |
| Filing 61 MEMORANDUM OPINION REGARDING VENUE. Plaintiff's claims against the Robertson Defendants and Defendants Collier and Blackwell are SEVERED and TRANSFERRED to the Abilene Division of the United States District Court for the Northern District of Texas. Signed by Magistrate Judge Zack Hawthorn on 6/11/23. (ljw, ) [Transferred from Texas Eastern on 6/30/2023.] |
| Filing 60 MOTION for Injunction and Restraining Order by Juan Manuel Albarado. (ljw, ) [Transferred from Texas Eastern on 6/30/2023.] |
| Filing 59 MOTION to Amend and Supplement by Juan Manuel Albarado. (Attachments: #1 Exhibits)(ljw, ) [Transferred from Texas Eastern on 6/30/2023.] |
| Filing 58 MOTION for Settlement and Negotiation by Juan Manuel Albarado. (ljw, ) [Transferred from Texas Eastern on 6/30/2023.] |
| Filing 57 MOTION to supplement and amend by Juan Manuel Albarado. (bjc, ) [Transferred from Texas Eastern on 6/30/2023.] |
| Filing 56 MOTION for order to "cease and desist" by Juan Manuel Albarado. (bjc, ) [Transferred from Texas Eastern on 6/30/2023.] |
| Filing 55 MOTION for Class Action Counsel Design by Juan Manuel Albarado. (ljw, ) [Transferred from Texas Eastern on 6/30/2023.] |
| Filing 54 MOTION for Temporary and Permanent Injunction by Juan Manuel Albarado. (ljw, ) [Transferred from Texas Eastern on 6/30/2023.] |
| Filing 53 AMENDED COMPLAINT against All Defendants, filed by Juan Manuel Albarado.(ljw, ) [Transferred from Texas Eastern on 6/30/2023.] |
| Partial Filing fee paid per court order: $ 10.00, RA import number 831286 (mac, ) [Transferred from Texas Eastern on 6/30/2023.] |
| Filing 9 Prisoner Trust Fund Account Statement for Juan Manuel Albarado. (ljw, ) [Transferred from Texas Eastern on 6/30/2023.] |
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