McCollum v. Lewis et al
| Frank D McCollum, III |
| Jane Doe, Stacy Dupler, Gracie G Lewis, Pete Henschel, John Wiley Price and Leah McDonald |
| 3:2018cv02351 |
| September 5, 2018 |
| US District Court for the Northern District of Texas |
| David C Godbey |
| Renee Harris Toliver |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Mon Oct 29 10:13:53 CDT 2018 (crt) |
Filing 10
JUDGMENT: The Court has entered its Order Accepting the Findings, Conclusions and Recommendation of the United States Magistrate Judge in this case. It is therefore ORDERED, ADJUDGED AND DECREED that this action is DISMISSED WITH PREJUDICE as frivolous until such time as Plaintiff satisfies the conditions set forth in Heck. See 28 U.S.C. 1915(e) (2)(B). (Ordered by Judge David C Godbey on 10/26/2018) (aaa)
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Filing 9
ORDER ACCEPTING #7 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. IT IS THEREFORE ORDERED that that this action is summarily DISMISSED WITH PREJUDICE as frivolous until such time as Plaintiff satisfies the conditions set forth in Heck. The Court prospectively CERTIFIES that any appeal of this action would not be taken in good faith. (Ordered by Judge David C Godbey on 10/26/2018) (aaa)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Fri Oct 26 14:04:23 CDT 2018 (crt) |
| Filing 8 OBJECTION to #7 Findings and Recommendations by Frank D McCollum, III. (axm) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 7. Fri Sep 28 08:09:00 CDT 2018 (crt) |
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Filing 7
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Because Plaintiff's claims are frivolous, they should be summarily DISMISSED WITH PREJUDICE to being asserted again before the Heck conditions are met. This dismissal will count as a "strike" or "prior occasion" within the meaning of 28 U.S.C. 1915(g). (Ordered by Magistrate Judge Renee Harris Toliver on 9/27/2018) (zkc)
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Filing 6
Order granting Motion to Proceed In Forma Pauperis and assessing a partial filing fee in the amount of $2.00 with a balance of $348.00 remaining. No process will issue pending completion of screening. (Clerk note: TDCJ Inmate Trust Office has been electronically notified of this order.) (Ordered by Magistrate Judge Renee Harris Toliver on 9/26/2018) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 6. Wed Sep 26 10:49:06 CDT 2018 (crt) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Gracie G Lewis. (rekc) |
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Filing 4
ELECTRONIC Order and Notice of Deficiency: Plaintiff Frank D McCollum, III must address the following deficiency: The complaint was filed with neither the $400.00 filing fee nor a request to proceed in forma pauperis. Therefore, Plaintiff is ORDERED to pay the $400.00 filing fee or submit an application to proceed in forma pauperis on the enclosed form, with the required certificate of inmate trust account, by 10/9/2018. See Complaint form at page 2, paragraph 3 for filing fee information under the Prison Litigation Reform Act. PLAINTIFF'S FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE DISMISSAL OF THIS ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(b).The Clerk of the Court is directed to provide to Plaintiff, with service of this Order, a prisoner form motion to proceed in forma pauperis. (Ordered by Magistrate Judge Renee Harris Toliver on 9/11/2018) (chmb)
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| Filing 3 COMPLAINT against Jane Doe, Stacy Dupler, Pete Henschel, Gracie G Lewis, Leah McDonald, John Wiley Price filed by Frank D McCollum, III. 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. (zkc) |
| Filing 2 Notice and Instruction to Pro Se Party. (zkc) |
| 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. 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 (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (zkc) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 1, 2. Wed Sep 5 11:54:55 CDT 2018 (crt) |
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