Carter v. Dallas Police Department et al
| Darryl Carter |
| Dallas Police Department, Officer A. Hughs, City of Fort Worth, City of Dallas, A Hughs and D Avery |
| 3:2020cv00259 |
| February 2, 2020 |
| US District Court for the Northern District of Texas |
| Rebecca Rutherford |
| Karen Gren Scholer |
| Civil Rights: Other Civil Rights |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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Filing 24
ORDER of USCA as to #21 Notice of Appeal, filed by Darryl Carter. The appeal is dismissed as of July 1, 2020, for want of prosecution. The appellant failed to timely file appellant's brief and record excerpts. (axm)
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Filing 23
ORDER of USCA: Denying Petition for writ of mandamus and; granting Motion to proceed IFP filed by Petitioner Mr. Darryl Carter (svc)
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| Record on Appeal for USCA5 20-10338 (related to #21 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (svc) |
| USCA Case Number 20-10338 in USCA5 for #21 Notice of Appeal filed by Darryl Carter. (svc) |
| Filing 22 Supplemental Document by Darryl Carter as to #20 Judgment,, #1 Complaint,, #21 Notice of Appeal,,, Correspondence to the court RE: PNS COVID-19. (Carter, Darryl) |
| Filing 21 NOTICE OF APPEAL to the Fifth Circuit by Darryl Carter. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Carter, Darryl) |
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Filing 20
JUDGMENT: Plaintiff's First Amendment claims and his claims against the Dallas Police Department are DISMISSED with prejudice under 28 U.S.C. 1915(e)(2), Plaintiff's Eighth and Fourteenth Amendment claims are DISMISSED without prejudice for lack of subject-matter jurisdiction, Plaintiff's motion for an ex parte temporary restraining order (ECF No. #6 ) is DENIED, Plaintiff's motion for leave to file an amended complaint (ECF No. #14 ) is DENIED, and Plaintiff's renewed motion for temporary restraining order (ECF No. #12 ) is DENIED. (Ordered by Judge Karen Gren Scholer on 3/23/2020) (axm)
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Filing 19
Order Accepting #18 Supplemental Findings and Recommendation of the United States Magistrate Judge. (Ordered by Judge Karen Gren Scholer on 3/23/2020) (axm)
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Filing 18
Supplemental Findings and Recommendations: For the foregoing reasons, the Court recommends that Carter's motion for leave to amend his complaint (ECF No. #14 ), and his renewed motion for temporary restraining order (ECF No. #12 ), be DENIED. (Ordered by Magistrate Judge Rebecca Rutherford on 3/6/2020) (ndt)
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| Filing 17 Request for Clerk to issue Summons as to officer D. Avery filed by Darryl Carter. (Carter, Darryl) |
| Filing 16 Request for Clerk to issue Summons as to City of Fort Worth filed by City of Fort Worth. (Carter, Darryl) |
| Filing 15 Request for Clerk to issue Summons as to City of Dallas filed by Darryl Carter. (Carter, Darryl) |
| Filing 14 MOTION FOR LEAVE TO FILE AMENDED COMPLAINT for Declaratory and Injunctive Relief against Dallas Police Department, A Hughs, City of Dallas, City of Fort Worth, D Avery filed by Darryl Carter. Clerk to issue summons(es). 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. (Attachments: #1 Additional Page(s) Memorandum in Support of Plaintiff's First Amended Complaint, #2 Proposed Order Granting plaintiff's motion to amend the complaint, #3 Proposed Amendment Plaintiff's First Amended Complaint) (Carter, Darryl) Modified on 2/21/2020 (ndt). |
| Filing 13 NOTICE of Letter to Clerk RE:Pending TRO and/or Preliminary Injunction re: #12 MOTION for Temporary Restraining Order filed by Darryl Carter (Carter, Darryl) |
| Filing 12 Renewed Motion for Temporary Restraining Order with Memorandum in Support filed by Darryl Carter via the court's emergency filing procedures. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A, #4 Proposed Order) ((lrl). |
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Filing 11
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Pro se Plaintiff Darryl Carter filed a civil action to enjoin Defendants from arresting and prosecuting him for criminal trespass for sleeping on public benches at Dallas Love Field Airport. The Court granted Carter leave to proceed in forma pauperis and withheld issuing process pending judicial screening. The Court recommends that Carter's First Amendment claims and his claims against the Dallas Police Department be DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2). The Court further recommends Carter's Eighth and Fourteenth Amendment claims be DISMISSED without prejudice for lack of subject-matter jurisdiction because Carter does not have standing. Additionally, Carter's motion for an ex parte temporary restraining order (ECF No. 6) should be DENIED. (see order) (Ordered by Magistrate Judge Rebecca Rutherford on 2/6/2020) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Thu Feb 6 11:19:56 CST 2020 (crt) |
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Filing 10
ORDER granting #3 Motion for Leave to Proceed In Forma Pauperis. The Clerk of the Court SHALL NOT ISSUE SUMMONS or take any further action pending judicial screening. (Ordered by Magistrate Judge Rebecca Rutherford on 2/3/2020) (ykp)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Mon Feb 3 14:39:31 CST 2020 (crt) |
| Filing 9 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). 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (ctf) |
| Filing 8 Plaintiff's Ex Parte Declaration in Support re: #6 Motion for TRO filed by Darryl Carter (ali) |
| Filing 7 Plaintiff's Ex Parte Memorandum in Support filed by Darryl Carter re #6 MOTION for Temporary Restraining Order (ali) Modified on 2/2/2020 (ali). |
| Filing 6 Plaintiff's Ex Parte MOTION for Temporary Restraining Order filed by Darryl Carter (Attachments: #1 Proposed Order) (ali) Modified on 2/2/2020 (ali). |
| Filing 5 Request for Clerk to Issue Summons as to A. Hughs. (ali) |
| Filing 4 Request for Clerk to Issue Summons as to Dallas Police Department. (ali) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Darryl Carter (ali) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS by Darryl Carter. (ali) |
| Filing 1 COMPLAINT against Dallas Police Department, Officer A. Hughs filed by Darryl Carter. 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. (ali) (Additional attachment(s) added on 2/2/2020: #1 Civil Cover Sheet) (ali). |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Sun Feb 2 10:47:42 CST 2020 (crt) |
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