Westbrook v. Collier et al
| Jeffrey D. Westbrook |
| Timothy Fitzpatrick, Francine Cromer, Tammy Shelby, Marvin Dunbar, Jennifer S Cozby, Cheryl Guernsey, Bryan Collier, Jessica Riley, Bobby Lumpkin and Jarvis O Johnson |
| 1:2024cv00161 |
| September 19, 2024 |
| U.S. District Court for the Northern District of Texas |
| 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 November 12, 2024. A more recent docket listing may be available from PACER.
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| Filing 26 Plaintiff's Clarification of "Motion for Discovery" and Apology to the Court filed by Jeffrey D. Westbrook. (skh) |
| Filing 25 Administrative Record consisting of TDCJ Authenticated Records received electronically per JRP chambers. (amg) |
Filing 24
ORDER DENYING MOTION FOR DISCOVERY. Westbrook's Motion for Discovery is DENIED as untimely. If Westbrook's claims survive judicial screening, the Court will issue an order containing instructions regarding discovery. (Ordered by Magistrate Judge John R. Parker on 10/28/2024) (skh)
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| ***DISREAGRD, Duplicate Entry*** Clerk's Notice of delivery: (see NEF for details) Docket No:24. mailed to Jeffrey D. Westbrook at TDCJ Allred Unit on Mon Oct 28 16:26:08 CDT 2024 (crt) Modified on 10/28/2024 (skh). |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:24. mailed to Jeffrey D. Westbrook at TDCJ Allred Unit on Mon Oct 28 16:26:07 CDT 2024 (crt) |
| Filing 23 MOTION for Discovery filed by Jeffrey D. Westbrook. (skh) |
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Filing 22
ORDER Granting Motion to Amend. Now before the Court is Westbrook's "Motion to Add Defendant" which requests the Court allow him to add Jarvis O. Johnson, a mailroom supervisor at Robertson, as a defendant. Dkt. No. #20 . The Court construes Westbrook's filing as a Motion to Amend his Complaint. The Court GRANTS the construed Motion to Amend. Because this Motion seeks to add Jarvis O. Johnson as a party, the Clerk is directed to add Johnson as a defendant. (Ordered by Magistrate Judge John R. Parker on 10/11/2024) (skh)
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| Filing 21 Second Prisoner Consent by Jeffrey D. Westbrook to Trial by Magistrate Judge. (skh) |
| Filing 20 MOTION to Add Defendant filed by Jeffrey D. Westbrook. (skh) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:22. mailed to Jeffrey D. Westbrook at TDCJ Allred Unit on Fri Oct 11 14:40:43 CDT 2024 (crt) |
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Filing 19
ORDER DENYING MOTION TO TRANSFER. Now before the Court, is what it construes as Westbrook's Motion to Transfer his claims back to the Wichita Falls Division. See Dkt. No. #17 . For the reasons stated herein, Westbrook's Motion is DENIED. (Ordered by Magistrate Judge John R. Parker on 10/10/2024) (skh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:19. mailed to Jeffrey D. Westbrook at TDCJ Allred Unit on Thu Oct 10 13:43:37 CDT 2024 (crt) |
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Filing 18
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 thespecific 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 , Additional Attachments to the Complaint, Dkt. No. #2 , and the Transfer Order, Dkt. No. #16 , 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 November 11, 2024. **Clerk's Note: Copy of complaint, additional attachments, and transfer order mailed to listed officials under cover of this Order. (Ordered by Magistrate Judge John R. Parker on 10/9/2024) (skh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:18. mailed to Jeffrey D. Westbrook at TDCJ Allred Unit on Wed Oct 9 09:33:13 CDT 2024 (crt) |
| Filing 17 Motion to Transfer filed by Jeffrey D. Westbrook re: #8 Order Transferring to Another Division. (amg) Modified per instruction from Chambers on 10/10/2024 (skh). |
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Filing 16
ORDER TRANSFERRING THE CASE TO THE UNITED STATES MAGISTRATE JUDGE. Plaintiff, proceeding pro se and in forma pauperis, filed a civil-rights complaint. After an initial review under 28 U.S.C. 1915(e)(2), 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 n umbered Civil Action No. 1:24-CV-00161-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 10/7/2024) (skh)
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Filing 15
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 is assessed an initial partial filing fee of $30.83. Thereafter, Plaintiff must pay $319.17, 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 Senior Judge Sam R Cummings on 10/7/2024) (skh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:15,16. mailed to Jeffrey D. Westbrook at TDCJ Allred Unit on Mon Oct 7 15:19:57 CDT 2024 (crt) |
| Filing 14 Public correspondence filed received from Jeffrey D. Westbrook. **Clerk's Note: Response in regard to Plaintiff's questions and copy of public docket sheet mailed to Plaintiff on 10/1/2024. (skh) |
| Filing 13 Public correspondence filed, deputy clerk response attached, received from Jeffrey D. Westbrook. **Clerk's Note: Copy of public docket sheet mailed to Plaintiff. (Attachments: #1 Clerk's Response Letter) (skh) (Main Document 13 replaced on 10/1/2024) (skh). |
| Filing 12 Prisoner Consent by Jeffrey D. Westbrook to Trial by Magistrate Judge. **Clerk's Note: Clerk's Response and reduced size copy of #8 Order Transferring Case mailed to Plaintiff. (skh) (Additional attachment(s) added on 10/1/2024: #1 Clerk's Response Letter) (skh). |
| Filing 11 Certificate of Trust Account by Jeffrey D. Westbrook TDCJ #00670281. (amg) |
| Filing 10 Notice and Instruction to Pro Se Party. (skh) |
| Filing 9 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. (skh) |
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Filing 8
ORDER TRANSFERRING CASE: For the convenience of the parties and in the interest of justice, this case is hereby TRANSFERRED to the Abilene Division of the Northern District of Texas pursuant to 28 U.S.C. 1404(a). (Ordered by Judge Reed C. O'Connor on 9/26/2024) (jnp)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9,10. mailed to Jeffrey D. Westbrook at TDCJ Allred Unit on Thu Sep 26 15:54:22 CDT 2024 (crt) |
| NEW CASE NUMBER 1:24-cv-00161-C Westbrook v. Collier et al has been opened following the order of transfer entered in case number 7:24cv0125-O. Future filings should reflect only the new case number and be directed to the proper division (see LR 5.1(a)). Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (ldm) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Thu Sep 26 11:11:55 CDT 2024 (crt) |
| Filing 7 Public correspondence received from Jeffrey D. Westbrook. (jnp) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Jeffrey D. Westbrook (jnp) |
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Filing 5
NOTICE OF DEFICIENCY AND ORDER: Jeffrey D. Westbrook must address the following deficiency: Plaintiff must either pay the $405.00 filing and administrative fees or submit a request to proceed in forma pauperis on the District Court's Application form along with a certified inmate trust account statement. If Plaintiff seeks leave to proceed in forma pauperis and his request is granted, fees will be assessed from his inmate trust account through periodic payments in the total amount of $350.00 in compliance with 28 U.S.C. 1915(b). Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 10/14/2024. (Ordered by Judge Reed C. O'Connor on 9/23/2024) (jnp)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Mon Sep 23 09:42:13 CDT 2024 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3, 4. Fri Sep 20 15:35:59 CDT 2024 (crt) |
| Filing 4 Notice and Instruction to Pro Se Party (jnp) |
| Filing 3 New Case Notes: A filing fee has not been paid. File to: No court file needed. 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 (No magistrate judge assigned). Clerk to provide copy to plaintiff if not received electronically. (jnp) |
| Filing 2 ADDITIONAL ATTACHMENTS to #1 Complaint by Plaintiff Jeffrey D. Westbrook. (jnp) |
| Filing 1 COMPLAINT against Bryan Collier, Jennifer S Cozby, Francine Cromer, Marvin Dunbar, Timothy Fitzpatrick, Cheryl Guernsey, Bobby Lumpkin, Jessica Riley, Tammy Shelby filed by Jeffrey D. Westbrook. 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 Exhibit(s)) (jnp) |
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