Garner v. David Sutherland Inc
| Paul A Garner and Paul Antonio Garner |
| David Sutherland Inc |
| 3:2019cv01464 |
| June 20, 2019 |
| US District Court for the Northern District of Texas |
| David L Horan |
| Barbara MG Lynn |
| Labor: Other Labor Litigation |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 9
ORDER REGARDING SERVICE: Garner has now paid the $400 filing fee, presumably in response to the Order Regarding Motion for Leave to Proceed In Forma Pauperis. By doing so, he assumes the responsibility to properly serve Defendant David Sutherland, Inc. with a summons and a complaint in accordance with Federal Rule of Civil Procedure 4. See FED. R. CIV. P. 4(h). The Court further advises Garner that, if proper service is not made and shown to the Court through a filed proof of service or a filed waiver of service before the 90th day after the filing of this action (which occurred on 6/20/2019) that is not a Saturday, Sunday, or legal holiday which, here, will be 9/18/2019 this case is subject to dismissal without prejudice unless he shows both (1) good cause for his failure to timely and properly effect service and (2) good cause for the Court to extend the time for service for an appropriate period. See FED. R. CIV. P. 4(m) ; see also FED. R. CIV. P. 41(b) (providing for dismissal, with or without prejudice, for failure to prosecute and obey court orders). (Ordered by Magistrate Judge David L. Horan on 8/2/2019) (axm)
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| Filing 8 RESPONSE filed by Paul Antonio Garner re: #7 Judge's Questionnaire. (epm) |
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Filing 7
MAGISTRATE JUDGE'S QUESTIONNAIRE TO THE PLAINTIFF sent to Paul A. Garner. Plaintiff must verify the answers to these questions under penalty of perjury on the signature line at the conclusion of these questions and return the completed form to the undersigned United States magistrate judge no later than 7/27/2019. (Ordered by Magistrate Judge David L. Horan on 6/27/2019) (ykp)
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Filing 6
ORDER REGARDING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS: The Plaintiff must therefore pay the full filing fee by 7/27/2019 to allow this action to proceed. His failure to do so will result in the undersigned recommending to Judge Lynn that his IFP motion be denied and his case be dismissed, for failure to prosecute, under Federal Rule of Civil Procedure 41(b). (Ordered by Magistrate Judge David L. Horan on 6/27/2019) (ykp)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Thu Jun 27 11:38:16 CDT 2019 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Thu Jun 27 11:43:38 CDT 2019 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Fri Jun 21 16:14:59 CDT 2019 (crt) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Paul A Garner. (mla) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Paul A Garner. (mla) |
| Filing 3 COMPLAINT against David Sutherland Inc filed by Paul A Garner. 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. (mla) |
| Filing 2 Notice and Instruction to Pro Se Party. (mla) |
| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Case received over counter/electronically. 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (mla) |
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