Foster v. The State of Texas et al
| Donald Foster |
| Maureen Shelton, Ken Paxton, The State of Texas and Lisa James |
| 3:2017cv03078 |
| November 8, 2017 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Barbara MG Lynn |
| Renee Harris Toliver |
| Prisoner Pet/Other: Mandamus & Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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| Document Text |
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| Civil Case Terminated per #13 Order. (sss) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:13. Fri Mar 30 10:34:56 CDT 2018 (crt) |
Filing 13
ORDER re: #12 Objections to Findings & Recommendation. Rule 59(e) motion serves the very narrow purpose of correcting manifest errors of law or fact or presenting newly discovered evidence. Even when liberally construed, Plaintiff's objections plainly fail to meet the Rule 59(e) standard. Plaintiff does not show a manifest error of fact or law or present newly discovered evidence. In addition, insofar as he challenges the three- strike dismissal, his claim is patently frivolous. Accordingly, Plaintiff's objections, construed as a Rule 59(e) motion, are DENIED. (Ordered by Chief Judge Barbara M.G. Lynn on 3/29/2018) (axm)
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| ***Case Reopened for statistical purposes per motion #12. (zkc) |
| Filing 12 OBJECTION to #4 Findings and Recommendations by Donald Foster. (zkc) |
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Filing 11
JUDGMENT: It is therefore ORDERED, ADJUDGED AND DECREED that this action is REMANDED sua sponte to the 30th Judicial District Court of Wichita County. It is further ORDERED that, to the extent Plaintiff seeks to sue the individual Defendants, this action is DISMISSED as barred by the three-strike provision of 28 U.S.C. 1915(g). (Ordered by Chief Judge Barbara M.G. Lynn on 12/18/2017) (ykp)
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| Filing 10 AMENDED NOTICE OF REMOVAL from 30th Judicial District Court, Wichita County, TX,, case number 57148-A filed by Donald Foster. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (ykp) |
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Filing 9
ORDER ACCEPTING #4 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Plaintiff's motions to recuse are DENIED. It is further ORDERED that Plaintiff's motion to proceed in forma pauperis is DENIED. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Chief Judge Barbara M.G. Lynn on 12/18/2017) (ykp)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9,11. Mon Dec 18 17:03:15 CST 2017 (crt) |
| Filing 8 MOTION for Leave to File Amended Petition of Removal filed by Donald Foster. (Attachments: #1 Proposed Amendment) (ams) |
| Filing 7 Affidavit in Support of #6 Motion for Recual of Judge, filed by Donald Foster. (ran) |
| Filing 6 MOTION for Recusal of Judge, filed by Donald Foster. (ran) |
| Filing 5 MOTION for Recusal of Judge filed by Donald Foster. (ykp) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Wed Nov 29 09:35:14 CST 2017 (crt) |
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Filing 4
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: This action should be REMANDED sua sponte to the 30th Judicial District Court of Wichita County. 28 U.S.C. 1455(b)(4). To the extent Plaintiff intends to bring a civil rights action against Defendants, it should be DISMISSED as barred by the three-strike provision of 28 U.S.C. 1915(g), and Plaintiff's motion to proceed in forma pauperis should be DENIED. Such dismissal is with prejudice to filing an in forma pauperis lawsuit raising the same claims as those presented herein, but without prejudice to the refiling said claims with full payment of the $400.00 filing fee. (Ordered by Magistrate Judge Renee Harris Toliver on 11/28/2017) (mcrd)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Donald Foster. (rekc) |
| Filing 2 NOTICE OF REMOVAL from 30th Judicial District Court, Wichita County, TX, case number 57148-A filed by Donald Foster. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (rekc) |
| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Initiating documents received by mail. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) (rekc) |
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