Graciano v. United States of America
| Estevan Adrian Graciano |
| United States of America |
| 3:2019cv01533 |
| June 21, 2019 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Rebecca Rutherford |
| Prisoner Pet/Other: Mandamus & Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on November 23, 2020. A more recent docket listing may be available from PACER.
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. re-mailed Tue Jul 30 10:11:24 CDT 2019 (crt) |
Filing 7
ORDER: Because Plaintiff has now paid the statutory filing fee, he is responsible for properly serving Defendant with a summons and complaint in accordance with Rule 4 of the Federal Rules of Civil Procedure and filing proof of service with the Court in compliance with Rule 4(l). See Fed. R. Civ. P. 4(c), 4(l), 4(i) (setting forth procedure for serving the United States). (Ordered by Magistrate Judge Rebecca Rutherford on 7/26/2019) (Attachments: #1 Summons, #2 FRCP Rule 4, #3 Local Rule 4.1) (mla)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Fri Jul 26 12:36:35 CDT 2019 (crt) |
| Filing 6 Mail returned as undeliverable. #1 New Case Notes, #2 Notice and Instruction to Pro Se Party, #3 Order, received back from Estevan Adrian Graciano as Does not meet BOP Criteria of Special Mail Handling. Prisoner id entered incorrectly. Documents remailed. (svc) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3. Thu Jul 25 14:29:12 CDT 2019 (crt) |
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Filing 5
Order and Notice of Deficiency: Estevan Adrian Graciano must address the following deficiency: The $400 fee has not been paid nor has a proper request to proceed in forma pauperis been submitted. 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 30 days. (Ordered by Magistrate Judge Rebecca Rutherford on 6/26/2019) (Attachments: #1 IFP Motion) (ykp)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Wed Jun 26 14:22:41 CDT 2019 (crt) |
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Filing 3
ORDER: The Court construes Defendant's motion as a civil action under 28 U.S.C. 1331 seeking the return of property. The Court directs the district clerk's office to open a new civil action with direct assignment to District Judge Kinkeade and Magistrate Judge Rutherord and file this motion in that action (nature of suit 540). The clerk's office is directed to terminate the motion in this criminal case. (Ordered by Judge Ed Kinkeade on 6/25/2019) (aaa)
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| Filing 2 Notice and Instruction to Pro Se Party. (aaa) |
| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Rutherford (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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (aaa) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3. Tue Jun 25 17:30:41 CDT 2019 (crt) |
| Filing 4 MOTION for Return of Property filed by Estevan Adrian Graciano. (aaa) |
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| Respondent: United States of America | |
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| Petitioner: Estevan Adrian Graciano | |
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