Barela v. Underwood
| Juan Lorenzo Barela, Jr |
| Warden Martha Underwood and M Underwood |
| 3:2019cv02033 |
| August 23, 2019 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Renee Harris Toliver |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Civil Case Terminated per Order at Docket 8 . (cea) |
Filing 8
ELECTRONIC ORDER: Upon review, the Court finds that Plaintiff's Notice of Motion for Termination of Case, Doc. #7 , meets the requirements for voluntary dismissal under Fed. R. Civ. P. 41(a)(1)(A)(i) (providing that a plaintiff may dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment). Accordingly, the Clerk of the Court is directed to close this case. (Ordered by Magistrate Judge Renee Harris Toliver on 9/23/2019) (chmb)
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| Filing 7 NOTICE of Motion for Termination of Case filed by Juan Lorenzo Barela, Jr (ykp) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Tue Sep 3 11:05:08 CDT 2019 (crt) |
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Filing 6
Order and Notice of Deficiency: Juan Lorenzo Barela, Jr must address the following deficiency: submit (1) a civil rights complaint on the Court-approved form, and (2) a motion for leave to proceed in forma pauperis or the $400.00 filing fee. The Clerk of the Court is directed to provide to Plaintiff with service of this Order, a prisoner in forma pauperis application and a standard form complaint for filing civil rights cases (labeled "amended"). 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 9/27/2019. (Ordered by Magistrate Judge Renee Harris Toliver on 8/30/2019) (Attachments: #1 Complaint Form, #2 IFP Form) (axm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Tue Aug 27 12:00:19 CDT 2019 (crt) |
| ***DISREGARD*** ***Clerk's Notice of delivery: (see NEF for details) Docket No:. 5 Tue Aug 27 09:09:31 CDT 2019 (crt) Modified on 8/27/2019 (mla). |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Mon Aug 26 13:51:37 CDT 2019 (crt) |
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Filing 3
ORDER SEVERING CLAIMS: Barela construed civil rights claims are SEVERED from this action habeas action. The Clerk of the Court is directed to open a new civil rights case for the now-severed civil rights claims and file a copy of this order and the section 2241 petition in the new case (NOS 550 directly assigned, per Special Order 3-250, to the same District Judge and Magistrate Judge). (Ordered by Magistrate Judge Renee Harris Toliver on 8/23/2019) (ndt)
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| Filing 2 Notice and Instruction to Pro Se Party. (ndt) |
| 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. (ndt) |
| Filing 4 COMPLAINT against Martha Underwood filed by Juan Lorenzo Barela, Jr. 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. (ndt) |
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