Brooks v. Bennett et al
| Freeman Brooks |
| FNU Bennett, Sgt. FNU Reynolds, FNU Silva, Lt. FNU McVey, Sgt. FNU Garcia, Correctional Officer FNU Acosta and LaSalle Corrections/Rolling Plains Regional Jail and Detention Facility |
| 1:2024cv00009 |
| January 17, 2024 |
| 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 March 4, 2024. A more recent docket listing may be available from PACER.
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| Filing 17 RESPONSE filed by Freeman Brooks re: #14 Judge's Questionnaire. (skf) |
Filing 16
ORDER GRANTING EXTENSION. Before the Court is a Motion to Extend Time to Produce Authenticated Records, Dkt. No. #15 , in which counsel for LaSalle requests an extension of time to comply with this Courts Order for Authenticated Records, Dkt. No. #13 . The Court finds that an extension is warranted and will not result in prejudice to the parties as this case is less than two months old. Accordingly, it is ORDERED that the deadline to comply with the Order for Authenticated Records is extended until Monday, April 1, 2024. (Ordered by Magistrate Judge John R. Parker on 2/22/2024) (skf)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:16. mailed to Freeman Brooks at BOP Big Spring FCI on Thu Feb 22 16:37:27 CST 2024 (crt) |
| Filing 15 MOTION to Extend Time to Produce Authenticated Records filed by FNU Bennett (Attachments: #1 Proposed Order)Attorney Marvin C Moos added to party FNU Bennett(pty:dft) (Moos, Marvin) |
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Filing 14
ORDER TO COMPLETE MAGISTRATE JUDGE'S QUESTIONNAIRE. Plaintiff, FREEMAN BROOKS, 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 February 29, 2024. (Ordered by Magistrate Judge John R. Parker on 1/31/2024) (skf)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:14. mailed to Freeman Brooks at BOP Big Spring FCI on Wed Jan 31 15:40:03 CST 2024 (crt) |
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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. #11 , 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 February 28, 2024. **Clerk's Note: Copy Complaint and Transfer Order mailed to listed officials under cover of this order. (Ordered by Magistrate Judge John R. Parker on 1/30/2024) (skf)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:13. mailed to Freeman Brooks at BOP Big Spring FCI on Tue Jan 30 15:42:55 CST 2024 (crt) |
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Filing 12
Notice of Availability of Magistrate Judge to Exercise Jurisdiction. If Plaintiff wishes to consent to proceed before a United States Magistrate Judge, Plaintiff must sign and date the consent form and return it to the United States District Clerk, Northern District of Texas, Abilene Division, within thirty (30) days from the receipt of this notice. (Ordered by Magistrate Judge John R. Parker on 1/23/2024) (skf)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. mailed to Freeman Brooks at BOP Big Spring FCI on Tue Jan 23 13:38:18 CST 2024 (crt) |
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Filing 11
ORDER. The Plaintiff has been permitted to file his complaint and is acting pro se. 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. 1:24-cv-00009-BU. Case reassigned to Magistrate Judge John R. Parker for all further proceedings. Senior Judge Sam R Cummings no longer assigned to case. (Ordered by Senior Judge Sam R Cummings on 1/22/2024) (skf) Modified ordering Judge on 1/30/2024 (skf).
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Filing 10
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 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. Thereafter, Plaintiff shall pay the $350.00 in monthly installments as provided in 28 U.S.C. 1915(b)(2). **Clerk's Note: Copy of Order mailed to BOP Big Spring FCI Inmate Account Office. (Ordered by Senior Judge Sam R Cummings on 1/22/2024) (skf)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10,11. mailed to Freeman Brooks at BOP Big Spring FCI on Mon Jan 22 09:59:30 CST 2024 (crt) |
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Filing 9
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 1/17/2024) (chmb)
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| Filing 8 Notice and Instruction to Pro Se Party. (skf) |
| 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. (skf) |
| Filing 6 Case electronically transferred in from District of Texas Western; Case Number 7:24-cv-00008. 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. |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. mailed to Freeman Brooks at BOP Big Spring FCI Wed Jan 17 13:25:19 CST 2024 (crt) |
| Magistrate Judge John R. Parker no longer assigned to case. Case has not been referred at this time. (skf) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7,8. mailed to Freeman Brooks at BOP Big Spring FCI on Wed Jan 17 08:37:05 CST 2024 (crt) |
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Filing 5
FINAL ORDER OF TRANSFER. Signed by Judge David Counts. (kg) [Transferred from Texas Western on 1/17/2024.]
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Filing 4
ORDER SUA SPONTE TRANSFERRING CAUSE TOTHE UNITED STATES DISTRICT COURT FOR THENORTHERN DISTRICT OF TEXAS, ABILENE DIVISION. Signed by Judge David Counts. (kg) [Transferred from Texas Western on 1/17/2024.]
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| Case transferred to the Northern District of Texas, Abilene Division (kg) [Transferred from Texas Western on 1/17/2024.] |
| Filing 3 Case Opening Letter to Freeman Brooks. (kg) [Transferred from Texas Western on 1/17/2024.] |
| Filing 2 MOTION to Proceed in forma pauperis by Freeman Brooks. (kg) [Transferred from Texas Western on 1/17/2024.] |
| Filing 1 COMPLAINT (Filing fee $ 405 Due.), filed by Freeman Brooks. (kg) [Transferred from Texas Western on 1/17/2024.] |
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