Davis v. Seaton et al
| Tyron Dyeralle Davis |
| R Shane Seaton, Angela Griffen, Artie Aurthur Aguilar, Jr, Elias Gamboa, Stan Parker, FNU Buchanan, Mike Averette, Natilie Oliver, Joshua A Hamby, Elida Hilario, Lindsay Wilkerson, Dustin Thomas, D Pineda, John Doe #1 1:24-cv-050, Julian Ramirez, R King, R Roman, Jane Doe #1 1:24-cv-050, FNU Collier, Randy Chance, Katrina Harkins, Ruusa Bolton, Jessica Gonzales, Rene Hinososa, FNU Heinisrh, Dominic Rocha, M Ramirez, John Doe #2 1:24-cv-050, William K Goode, Eban Munoz, Judge James Rush, Bobby Bland, Dusty Gallivan, Melissa Williams, Michael Bloch, Daniel Sarabia, Jr., Luke Garrett, Mike Troglen, Ian Kapets, J.J. Alley, CJ Rodriguez, FNU Palafox, Ken Paxton, Jane Doe #2 1:24-cv-050, John/Jane Doe #1 1:24-cv-050, John/Jane Doe #2 1:24-cv-050, David Counts, John Doe #3 1:24-cv-050, John Doe #4 1:24-cv-050, John Doe #5 1:24-cv-050, Natalie Oliver, Dario Pineda, Bubba Ramirez, Erika Nielson and Keith Jones |
| 1:2024cv00050 |
| April 9, 2024 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on May 31, 2024. A more recent docket listing may be available from PACER.
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| Filing 9 Mail returned as undeliverable. #7 Order, received back from Tyron Dyeralle Davis as Return to Sender, Refused, Transferred. Address updated from last filed document, #8 . New address: Mitchell County Detention Center. The current document was re-mailed on 5/20/2024. (amg) |
| Filing 8 NOTICE of Change of Address for Pro Se litigant Tyron Dyeralle Davis. New address: Mitchell County Jail, 333 Pine St. Colorado City, Texas 79512. (grl) |
Filing 7
ORDER. The Court concludes that the essence of Plaintiff's amended complaint is a challenge to the fact and duration of his confinement, rather than the conditions at his detention facility. Plaintiff is advised that the Court intends to construe this civil-rights complaint as a pretrial petition for writ of habeas corpus under 28 U.S.C. 2241, Plaintiff must respond to this order, indicating either his acceptance of or objection to the Court's intended construction of this case within 30 days. If Plaintiff agrees to the Court's construction, he must complete and file a petition on the Section 2241 form used by the Court. If Plaintiff objects, he must either show cause why the case should proceed as a civil-rights action or file a notice of voluntary dismissal under Federal Rule of Civil Procedure 41. Additionally, Plaintiff must clarify whether he intends to proceed with his claim to recover monetary damages. Plaintiff's IFP application will remain pending until the Court determines the nature of this suit. The Clerk shall mail Plaintiff a Section 2241 form. (Ordered by Senior Judge Sam R Cummings on 5/13/2024) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 7. with 2241 petition form mailed to Tyron Dyeralle Davis at Howard County Detention Center on Mon May 13 12:02:30 CDT 2024 (crt) Modified on 5/21/2024: documents remailed to Mitchell County Detention Center per notice of change of address at #8 (grl). |
| Filing 6 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Tyron Dyeralle Davis. (amg) |
| Filing 5 AMENDED COMPLAINT against Mike Averette, Joshua A Hamby, Keith Jones, Erika Nielson, Natilie Oliver, D Pineda, Julian Ramirez, R Shane Seaton, Dustin Thomas filed by Tyron Dyeralle Davis. 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.**Clerk's Note: defendants Keith Jones and Erika Neilson added; Defendant D. Pineda amended to Dario Pineda; Defendant Julian Ramirez amended to add aka "Bubba"; Defendant Natilie Oliver amended to Natalie Oliver. (Attachments: #1 Additional Page(s), #2 Hand-written Civil Rights Complaint, envelope 1 of 4; Envelope 2 Judge's copy of same (not attached)) (amg) Modified on 4/30/2024 (amg). |
| Filing 4 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) |
| Filing 3 Notice and Instruction to Pro Se Party. (amg) |
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Filing 2
ORDER TO SEVER. For these reasons herein, it is ORDERED: Plaintiffs' requests for joinder and class certification, to the extent that they assert them here, are denied. The complaint of Armando Barrera, Jr. will continue under this Civil Action No. 1:24-CV-00018-H. All other plaintiffs will be terminated from this action. The complaints of each of the other three named plaintiffs shall be SEVERED into separate actions for each Plaintiff, with a new cause number being assigned to each Plaintiff. In each of the new civil actions, the Clerk shall file a copy of this order and the complaint (Dkt. No. 1) on file in this Civil Action No. 1:24-CV-00018-H. Each plaintiff shall, within twenty (20) days from the date of this Order, either pay $405 filing fee or file the following with the Clerk: (a) a signed application to proceed in forma pauperis (IFP); (b) a copy of his inmate trust account statement (or institutional equivalent) for the 6-month period immediately preceding the filing of his complaint, certified by one of the officers at the institution where Plaintiff is incarcerated; and (c) a signed copy of the authorization portion of the certificate of inmate trust account or a signed copy of any consent form or authorization that the institution having custody of Plaintiff requires to allow it to access a prisoners inmate trust fund account, to collect funds from the account, and to pay those funds to the Clerk. In addition, each plaintiff shall, within twenty (20) days from the date of this order, file an amended complaint setting forth his specific claims. Plaintiffs' request to have certain defendants criminally indicted for their alleged unlawful conduct related to their criminal proceedings and detention, Dkt. No. #8 , is denied. To the extent that Plaintiffs are seeking some other type of injunctive relief, their requests are denied without prejudice to their right to seek such relief in their individual amended complaints, which, if they choose to file, must be filed in their respective new civil actions. The Clerk shall mail to each of the Plaintiffs a 42 U.S.C. 1983 complaint form marked amended, an IFP application, and a certificate of inmate trust account and authorization, each marked with the cause number assigned to their respective new complaint for their use in complying with this order. Cesar Rueda, Tyron Dyeralle Davis and Monty Allen Hendricks terminated. **Clerk's Note: new case numbers assigned as Davis 1:24-cv-50, Rueda 1:24-cv-51, Hendricks 1:24-cv-52. (Ordered by Judge James Wesley Hendrix on 4/9/2024) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 2, 3, 4. with amended complaint and application IFP forms mailed to Tyron Dyeralle Davis at Howard County Detention Center on Tue Apr 9 14:05:48 CDT 2024 (crt) |
| Filing 1 COMPLAINT against All Defendants filed by Tyron Dyeralle Davis, Armando Barrera, Jr, Cesar Rueda, Monty Allen Hendricks. 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 Barrera Claims and Supporting Evidence, #2 Davis Claims and Supporting Evidence, #3 Allen Claims and Supporting Evidence, #4 Rueda Claims and Supporting Evidence) (amg) (Attachment 2 replaced on 3/13/2024 to correct file-stamp issue) (amg). |
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