Dillard v. Cozby et al
| Dwayne Dillard |
| FNU Cozby, FNU Merchant and FNU Turnbow |
| 1:2024cv00039 |
| March 13, 2024 |
| U.S. District Court for the Northern District of Texas |
| James Wesley Hendrix |
| 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 April 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 15 Administrative Record consisting of Authenticated TDCJ Records received and forwarded to JRP Chambers. (skf) |
| Filing 14 Prisoner Consent by Dwayne Dillard to Trial by Magistrate Judge. (skf) |
| Filing 13 RESPONSE filed by Dwayne Dillard re: #10 Order to Answer Magistrate Judge's Questionnaire. (skf) |
Filing 12
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 that occurred at TDCJ Robertson Unit, 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. #9 , 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 May 2, 2024. **Clerk's Note: Copy of Complaint and Transfer Order mailed to listed officials under cover of this Order. (Ordered by Magistrate Judge John R. Parker on 4/12/2024) (skf) (Main Document 12 replaced on 4/12/2024) (skf).
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Filing 11
Notice of Availability of Magistrate Judge to Exercise Jurisdiction. (Clerk to send Consent Form as directed.) 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 4/12/2024) (skf)
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Filing 10
ORDER TO ANSWER MAGISTRATE JUDGE'S QUESTIONNAIRE. Plaintiff DWAYNE DILLARD 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 May 10, 2024. (Ordered by Magistrate Judge John R. Parker on 4/12/2024) (skf) (Main Document 10 replaced on 4/12/2024) (skf).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10,11,12. mailed to Dwayne Dillard at TDCJ Robertson Unit on Fri Apr 12 09:24:13 CDT 2024 (crt) |
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Filing 9
ORDER TRANSFERRING THE CASE TO THE UNITED STATES MAGISTRATE JUDGE. After an initial review under 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 will now be numbered Civil Action No. 1:24-CV-00039-BU. Case reassigned to Magistrate Judge John R. Parker for all further proceedings. Judge James Wesley Hendrix no longer assigned to case. (Ordered by Judge James Wesley Hendrix on 4/3/2024) (skf)
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Filing 8
PLRA FILING FEE ORDER. The Court orders the following: Plaintiff is granted leave to proceed informa pauperis under 28 U.S.C. 1915. Plaintiff is assessed an initial partial filing fee of $82.42. 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 $267.58, 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 Judge James Wesley Hendrix on 4/3/2024) (skf)
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| Filing 7 Prisoner Consent by Dwayne Dillard to Trial by Magistrate Judge. (skf) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8,9. mailed to Dwayne Dillard at TDCJ Robertson Unit on Wed Apr 3 15:32:03 CDT 2024 (crt) |
| Filing 6 Public correspondence filed, deputy clerk response attached, received from Dwayne Dillard. **Clerk's Note: Copy of public docket sheet and file-stamped copy of this correspondence returned to Plaintiff in self addressed, stamped, envelope. (skf) |
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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 Judge James Wesley Hendrix on 3/13/2024) (chmb)
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| Filing 4 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Dwayne Dillard. (skf) |
| Filing 3 Notice and Instruction to Pro Se Party. (skf) |
| Filing 2 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 1 COMPLAINT against All Defendants filed by Dwayne Dillard. 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 Additional Page(s)) (skf) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. mailed to Dwayne Dillard at TDCJ Robertson Unit on Wed Mar 13 13:28:56 CDT 2024 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3,2. mailed to Dwayne Dillard at TDCJ Robertson Unit on Wed Mar 13 11:43:48 CDT 2024 (crt) |
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