Baker et al v. Collier et al
| Matthew Baker, Robert Andrews, Timothy Cone, Allen Kerns, James Elmore, Adam Thomas, William Oliver, Seth Batterton, Dannie Carter and Juan Martinez |
| Bryan Collier, Oscar Mendoza, Bobby Lumpkin, Patrick L O'Daniel, Derrelynn Perryman, Larry D. Miles, E.F. Mano DeAyala, Molly Francis, Ms. Faith Johnson, Sichan Siv, Eric Nichols and Rodney Burrow |
| 1:2023cv00190 |
| September 22, 2023 |
| US District Court for the Northern District of Texas |
| Abilene Office |
| Sam R Cummings |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.
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Filing 32
Notice and Instruction to Pro Se Party. (amg)
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Filing 31
New Case Notes: A filing fee has been paid (11/18/2022). 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)
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Filing 30
Case electronically transferred in from District of Texas Western; Case Number 1:22-cv-01249. 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.
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***Clerk's Notice of delivery: (see NEF for details) Docket No:32, 31, and NEF 30. mailed to Matthew Baker, Robert Andrews, Timothy Cone, Allen Kerns, James Elmore, Adam Thomas, William Oliver, Dannie Carter, Seth Batterton, and Juan Martinez at TDCJ Robertson Unit on Fri Sep 22 09:08:41 CDT 2023 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No: 29. mailed to Matthew Baker, Robert Andrews, Timothy Cone, Allen Kerns, James Elmore, Adam Thomas, William Oliver, Dannie Carter, Seth Batterton, and Juan Martinez at TDCJ Robertson Unit on Fri Sep 22 13:15:45 CDT 2023 (crt)
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Filing 29
ORDER GRANTING #20 MOTION to Change Venue filed by Bobby Lumpkin, Oscar Mendoza, Rodney Burrow, Larry D. Miles, Sichan Siv, Faith Johnson, Derrelynn Perryman, Molly Francis, Bryan Collier, E.F. (Mano) DeAyala, Patrick L. O'Daniel, Eric Nichols. This case to be TRANSFERRED to Abilene Division of the Northern District of Texas. Signed by Judge Robert Pitman. (cc3) [Transferred from Texas Western on 9/22/2023.]
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CASE NO LONGER REFERRED to Magistrate Judge Dustin M. Howell. (cc3) [Transferred from Texas Western on 9/22/2023.]
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Filing 28
ADVISORY TO THE COURT by Matthew Baker. (cc3) [Transferred from Texas Western on 9/22/2023.]
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Filing 27
RESPONSE to Motion, filed by Robert Andrews, Matthew Baker, Seth Batterton, Dannie Carter, Timothy Cone, James Elmore, Allen Kerns, Juan Martinez, William Oliver, Adam Thomas, re #21 MOTION to Dismiss filed by Defendant Bobby Lumpkin, Defendant Oscar Mendoza, Defendant Rodney Burrow, Defendant Larry D. Miles, Defendant Sichan Siv, Defendant Faith Johnson, Defendant Derrelynn Perryman, Defendant Molly Francis, Defendant Bryan Collier, Defendant E.F. (Mano) DeAyala, Defendant Patrick L. O'Daniel, Defendant Eric Nichols (Attachments: #1 Memo in Support)(cc3) [Transferred from Texas Western on 9/22/2023.]
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Filing 26
RESPONSE to Motion, filed by Robert Andrews, Matthew Baker, Seth Batterton, Dannie Carter, Timothy Cone, James Elmore, Allen Kerns, Juan Martinez, William Oliver, Adam Thomas, re #21 MOTION to Dismiss filed by Defendant Bobby Lumpkin, Defendant Oscar Mendoza, Defendant Rodney Burrow, Defendant Larry D. Miles, Defendant Sichan Siv, Defendant Faith Johnson, Defendant Derrelynn Perryman, Defendant Molly Francis, Defendant Bryan Collier, Defendant E.F. (Mano) DeAyala, Defendant Patrick L. O'Daniel, Defendant Eric Nichols (cc3) [Transferred from Texas Western on 9/22/2023.]
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Filing 25
RESPONSE to Motion, filed by Rodney Burrow, Bryan Collier, E.F. (Mano) DeAyala, Molly Francis, Faith Johnson, Bobby Lumpkin, Oscar Mendoza, Larry D. Miles, Eric Nichols, Patrick L. O'Daniel, Derrelynn Perryman, Sichan Siv, re #20 CORRECTED MOTION to Change Venue. (cc3) [Transferred from Texas Western on 9/22/2023.]
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Filing 24
CERTIFICATE of Counsel re #22 Answer to Complaint, #20 CORRECTED MOTION to Change Venue , #21 MOTION to Dismiss by Austin Kindred Hamby on behalf of Rodney Burrow, Bryan Collier, E.F. (Mano) DeAyala, Molly Francis, Faith Johnson, Bobby Lumpkin, Oscar Mendoza, Larry D. Miles, Eric Nichols, Patrick L. O'Daniel, Derrelynn Perryman, Sichan Siv (Hamby, Austin) [Transferred from Texas Western on 9/22/2023.]
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Text Order GRANTING #23 Motion regarding service of motion to transfer and motion to dismiss. Plaintiffs notified the Court that they have not received the motion to transfer or motion dismiss filed by the defendants. The certificate of service indicates the defendants mailed copies to the plaintiffs by sending one parcel CMRRR to the group. Defendants' service is defective. Defendants must mail copies to each plaintiff individually. It is therefore ORDERED that Defendants shall remail copies of their motions to the individual plaintiffs by CMRRR and shall file an amended certificate of service showing such service. Plaintiffs shall file responses to the motions on or before May 17, 2023. Entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tmj) [Transferred from Texas Western on 9/22/2023.]
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Filing 23
Motion regarding service of Motions by Robert Andrews, Matthew Baker, Seth Batterton, Dannie Carter, Timothy Cone, James Elmore, Allen Kerns, Juan Martinez, William Oliver, Adam Thomas. (cc3) Modified on 4/17/2023 to add gavel per pro se law clerk (cc3). [Transferred from Texas Western on 9/22/2023.]
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Filing 22
ANSWER to #1 Complaint, with Jury Demand by Rodney Burrow, Bryan Collier, E.F. (Mano) DeAyala, Molly Francis, Faith Johnson, Bobby Lumpkin, Oscar Mendoza, Larry D. Miles, Eric Nichols, Patrick L. O'Daniel, Derrelynn Perryman, Sichan Siv.(Hamby, Austin) [Transferred from Texas Western on 9/22/2023.]
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Filing 21
MOTION to Dismiss by Rodney Burrow, Bryan Collier, E.F. (Mano) DeAyala, Molly Francis, Faith Johnson, Bobby Lumpkin, Oscar Mendoza, Larry D. Miles, Eric Nichols, Patrick L. O'Daniel, Derrelynn Perryman, Sichan Siv. (Attachments: #1 Proposed Order). Motions referred to Judge Dustin M. Howell. (Hamby, Austin) [Transferred from Texas Western on 9/22/2023.]
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Filing 20
CORRECTED MOTION to Change Venue by Rodney Burrow, Bryan Collier, E.F. (Mano) DeAyala, Molly Francis, Faith Johnson, Bobby Lumpkin, Oscar Mendoza, Larry D. Miles, Eric Nichols, Patrick L. O'Daniel, Derrelynn Perryman, Sichan Siv. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Affidavit, #3 Exhibit Policy, #4 Proposed Order). Motions referred to Judge Dustin M. Howell. (Hamby, Austin) [Transferred from Texas Western on 9/22/2023.]
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Filing 19
MOTION To Transfer Venue by Rodney Burrow, Bryan Collier, E.F. (Mano) DeAyala, Molly Francis, Faith Johnson, Bobby Lumpkin, Oscar Mendoza, Larry D. Miles, Eric Nichols, Patrick L. O'Daniel, Derrelynn Perryman, Sichan Siv. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order). Motions referred to Judge Dustin M. Howell. (Hamby, Austin) [Transferred from Texas Western on 9/22/2023.]
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Filing 18
WAIVER OF SERVICE Returned Executed as to Rodney Burrow, Bryan Collier, E.F. (Mano) DeAyala, Molly Francis, Faith Johnson, Bobby Lumpkin, Oscar Mendoza, Larry D. Miles, Eric Nichols, Patrick L. O'Daniel, Derrelynn Perryman, and Sichan Siv; Waiver sent on 1/27/2023, answer due 3/28/2023 (Attachments: #1 Cover Letter)(cc3) [Transferred from Texas Western on 9/22/2023.]
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Filing 17
WAIVER OF SERVICE Returned Executed as to Rodney Burrow, Bryan Collier, E.F. (Mano) DeAyala, Molly Francis, Faith Johnson, Bobby Lumpkin, Oscar Mendoza, Larry D. Miles, Eric Nichols, Patrick L. O'Daniel, Derrelynn Perryman, and Sichan Siv; Waiver sent on 1/27/2023, answer due 3/28/2023. (Attachments: #1 Cover Letter)(cc3) [Transferred from Texas Western on 9/22/2023.]
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Filing 16
ORDER for plaintiffs to serve defendants. Signed by Judge Dustin M. Howell. (Attachments: #1 Blank Summons)(cc3) [Transferred from Texas Western on 9/22/2023.]
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Filing 15
JS44 (Civil Cover Sheet) submitted. (dm) [Transferred from Texas Western on 9/22/2023.]
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Filing 14
Case Opening Letter by Robert Andrews, Matthew Baker, Seth Batterton, Dannie Carter, Timothy Cone, James Elmore, Allen Kerns, Juan Martinez, William Oliver, Adam Thomas. (dm) [Transferred from Texas Western on 9/22/2023.]
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Filing 13
STANDING ORDER (Dated 2/21/2020) REFERRING CASE to Magistrate Judge Dustin M. Howell. Signed by Judge Robert Pitman. (dm) [Transferred from Texas Western on 9/22/2023.]
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If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Howell. (dm) [Transferred from Texas Western on 9/22/2023.]
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Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dm) [Transferred from Texas Western on 9/22/2023.]
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Filing 12
Case electronically transferred in from Northern District of Texas; Case Number 1:22-cv-00166. [Transferred from Texas Western on 9/22/2023.]
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Filing 11
Order Transferring to Another District. Case transferred to Austin Division of Texas Western. The Court finds that the #9 motion to transfer venue should be GRANTED. Thus, in the interests of justice and judicial economy, this case should be transferred to the Austin Division of the United States District Court for the Westem District of Texas under 28 U.S.C. 1404(a). (Ordered by Senior Judge Sam R Cummings on 11/28/2022) (amg) [Transferred from Texas Northern on 11/28/2022.] [Transferred from Texas Western on 9/22/2023.]
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Filing 10
NOTICE of Payment of Filing Fee filed by Matthew Baker. Receipt No. 100000102. **Clerk's Note: receipt mailed to Plaintiff Baker. (amg) [Transferred from Texas Northern on 11/28/2022.] [Transferred from Texas Western on 9/22/2023.]
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Filing 9
MOTION to Transfer Venue (Advisory) filed by Robert Andrews, Matthew Baker, Seth Batterton, Dannie Carter, Timothy Cone, James Elmore, Allen Kerns, Juan Martinez, William Oliver, Adam Thomas. **Clerk's Note: docketed per instruction form STSBJ/Judge Cummings. (amg) [Transferred from Texas Northern on 11/28/2022.] [Transferred from Texas Western on 9/22/2023.]
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***Clerk's Notice of delivery: (see NEF for details) Docket No: 8, 7. mailed to all Plaintiffs at TDCJ Robertson Unit on Mon Nov 7 08:52:00 CST 2022 (crt) [Transferred from Texas Northern on 11/28/2022.] [Transferred from Texas Western on 9/22/2023.]
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Filing 8
Notice and Instruction to Pro Se Party. (amg) [Transferred from Texas Northern on 11/28/2022.] [Transferred from Texas Western on 9/22/2023.]
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Filing 7
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) Modified docket text re: filing fee on 11/7/2022 (amg). [Transferred from Texas Northern on 11/28/2022.] [Transferred from Texas Western on 9/22/2023.]
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Filing 6
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) Modified docket text re: filing fee on 11/7/2022 (amg). [Transferred from Texas Northern on 11/28/2022.] [Transferred from Texas Western on 9/22/2023.]
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Filing 5
Case electronically transferred in from District of Texas Southern; Case Number 4:22-cv-03820. 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. [Transferred from Texas Northern on 11/28/2022.] [Transferred from Texas Western on 9/22/2023.]
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Magistrate Judge John R. Parker no longer assigned to case. (amg) [Transferred from Texas Northern on 11/28/2022.] [Transferred from Texas Western on 9/22/2023.]
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Filing 4
Interdistrict transfer to Northern District of Texas, Abilene Division. Case transferred electronically. Case terminated on November 3, 2022, filed. (ealexander, 4) [Transferred from Texas Southern on 11/7/2022.] [Transferred from Texas Northern on 11/28/2022.] [Transferred from Texas Western on 9/22/2023.]
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Filing 3
ORDER TO TRANSFER CASE to Northern District of Texas, Abilene Division (Signed by Judge David Hittner) Parties notified.(ealexander, 4) [Transferred from Texas Southern on 11/7/2022.] [Transferred from Texas Northern on 11/28/2022.] [Transferred from Texas Western on 9/22/2023.]
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Filing 2
NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (JacquelineMata, 4) [Transferred from Texas Southern on 11/7/2022.] [Transferred from Texas Northern on 11/28/2022.] [Transferred from Texas Western on 9/22/2023.]
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Filing 1
Prisoner Civil Rights COMPLAINT against All Defendants (Filing fee $ 402) filed by William Oliver, Robert Andrews, Matthew Baker, Adam Thomas, Timothy Cone, Dannie Carter, Seth Batterton, Allen Kerns, Juan Martinez, James Elmore.(JacquelineMata, 4) [Transferred from Texas Southern on 11/7/2022.] [Transferred from Texas Northern on 11/28/2022.] [Transferred from Texas Western on 9/22/2023.]
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