Glenewinkel et al v. Carvajal et al
Plaintiff: Jason Trott, William Cashel, Joshua N Higgins, Jay E Glenewinkel, Brian M Mattes, Timothy J Benz, Ronald C Dean, Ryan E Offineer, Ray Millaway and Trevor Huck
Defendant: L Smith, MD Carvajal, A Jenkins, K Zook and M Bayless
Case Number: 3:2020cv02256
Filed: August 17, 2020
Court: US District Court for the Northern District of Texas
Presiding Judge: Jane J Boyle
Referring Judge: Rebecca Rutherford
Nature of Suit: Prisoner Pet/Other: Prison Condition
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:62. Thu Oct 15 11:33:07 CDT 2020 (crt)
October 14, 2020 Opinion or Order Filing 62 ORDER granting #60 Motion for Leave to Proceed In Forma Pauperis. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. (Ordered by Magistrate Judge Rebecca Rutherford on 10/14/2020) (mjr)
October 14, 2020 Opinion or Order Filing 61 ELECTRONIC Order Referring #60 Timothy J. Benz's Motion for Leave to Proceed in forma pauperis with certificate of trust account to Magistrate Judge Rebecca Rutherford for hearing, if necessary, and determination. (Ordered by Judge Jane J. Boyle on 10/14/2020) (chmb)
October 6, 2020 Filing 60 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Timothy J Benz. (mjr)
October 6, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:59. and mailed to Inmate Trust Fund Department and Ryan E Offineer Tue Oct 6 14:06:07 CDT 2020 (crt)
October 6, 2020 Opinion or Order Filing 59 ORDER granting #50 Motion for Leave to Proceed In Forma Pauperis as to Ryan E. Offineer. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. (Ordered by Magistrate Judge Rebecca Rutherford on 10/6/2020) (axm)
October 6, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:58. and mailed to Inmate Trust Fund Department and Jay E. Glenewinkel Tue Oct 6 13:58:49 CDT 2020 (crt)
October 6, 2020 Opinion or Order Filing 58 FILING FEE ORDER granting #51 Motion for Leave to Proceed In Forma Pauperis as to Jay E. Glenewinkel. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. (Ordered by Magistrate Judge Rebecca Rutherford on 10/6/2020) (axm)
October 6, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:57. and mailed to Ray Millaway at BOP Seagoville Tue Oct 6 13:08:39 CDT 2020 (crt)
October 6, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:56 mailed to Timothy Benz, Brian Mattes, Ryan Offineer, Jason Trott, Trevor Huck, and Ray Millaway. Tue Oct 6 11:13:46 CDT 2020 (crt) Modified text on 10/6/2020 (axm).
October 6, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:55. Tue Oct 6 11:12:56 CDT 2020 (crt)
October 5, 2020 Opinion or Order Filing 57 ORDER: Plaintiff Ray Millaway, an inmate at FCI Seagoville, has filed an Application to Proceed in forma pauperis in this civil rights action allegingviolations of the Eighth Amendment. Mot. (ECF No. #53 ). The Court ORDERS Millaway to supplement his Application, within 30 days from the date of this Order, to provide further information and explanation regarding his Application for Leave to Proceed in forma pauperis and to affirmatively state whether he has access to the money designated as pre-release balance and can use those funds to pay his filing fee. (Ordered by Magistrate Judge Rebecca Rutherford on 10/5/2020) (axm)
October 5, 2020 Opinion or Order Filing 56 ORDER APPOINTING COUNSEL re: #49 MOTION for Reconsideration. The Court hereby APPOINTS Alison Johnston and Grinter David Warren Henderson as attorneys to represent Plaintiffs on a pro bono basis. Attorney Alison Johnston Grinter, David Warren Henderson for Timothy J Benz, Jay E Glenewinkel, Trevor Huck, Brian M Mattes, Ray Millaway, for Ryan E Offineer, Jason Trott added. (Ordered by Magistrate Judge Rebecca Rutherford on 10/5/2020) (oyh) Modified docket text on 10/6/2020 (oyh).
October 5, 2020 Filing 55 MOTION for Reconsideration re 45 Order Referring Motion, filed by Brian M Mattes. (jmg)
October 2, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:54. Fri Oct 2 12:13:42 CDT 2020 (crt)
October 1, 2020 Opinion or Order Filing 54 ELECTRONIC Order Referring #53 Plaintiff Ray Millaway's Motion for Leave to Proceed in forma pauperis with certificate of trust account to Magistrate Judge Rebecca Rutherford for hearing, if necessary, and determination. (Ordered by Judge Jane J. Boyle on 10/1/2020) (chmb)
September 29, 2020 Filing 53 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Ray Millaway. (mjr)
September 29, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document 52 Tue Sep 29 11:54:59 CDT 2020 (crt)
September 29, 2020 Opinion or Order Filing 52 ELECTRONIC Order Referring Motions: #49 Motion for Reconsideration of Order on Motion to Appoint Counsel, #50 Ryan E. Offineer's Motion for Leave to Proceed in forma pauperis, and #51 Jay E. Glenewinkel's Motion for Leave to Proceed in forma pauperis are referred to Magistrate Judge Rebecca Rutherford for hearing, if necessary, and determination. (Ordered by Judge Jane J. Boyle on 9/29/2020) (chmb)
September 28, 2020 Filing 51 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Jay E Glenewinkel. (mjr) Modified text on 9/30/2020 (mjr).
September 28, 2020 Filing 50 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Ryan E Offineer. (mjr) Modified text on 9/30/2020 (mjr).
September 28, 2020 Filing 49 MOTION for Reconsideration re: #31 Order on Motion to Appoint Counsel filed by Timothy J Benz, Jay E Glenewinkel, Trevor Huck, Brian M Mattes, Ray Millaway, Ryan E Offineer, Jason Trott. (mjr)
September 25, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:48. Also Mailed to Inmate Trust Account Fri Sep 25 12:28:09 CDT 2020 (crt)
September 25, 2020 Opinion or Order Filing 48 ORDER denying #43 Motion for Leave to Proceed In Forma Pauperis Motion to Set Aside Filing Fee. (Ordered by Magistrate Judge Rebecca Rutherford on 9/25/2020) (ndt)
September 25, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:47. and to the Inmate Trust Fund Department Fri Sep 25 09:28:07 CDT 2020 (crt)
September 25, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:46. Fri Sep 25 08:21:58 CDT 2020 (crt)
September 24, 2020 Opinion or Order Filing 47 FILING FEE ORDER granting #38 Jason Trott's Motion for Leave to Proceed In Forma Pauperis. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. (Ordered by Magistrate Judge Rebecca Rutherford on 9/24/2020) (axm)
September 24, 2020 Opinion or Order Filing 46 ORDER Re: #39 , #40 , and #42 Motions' to Withdraw. Accordingly, the Court construes the pending motions as voluntary notices of dismissal without prejudice by Plaintiffs Dean, Cashel, and Higgins. The Clerk is directed to TERMINATE Plaintiffs Dean, Cashel, and Higgins as parties in this matter (Ordered by Judge Jane J. Boyle on 9/24/2020) (svc)
September 24, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:45. NEF of Thu Sep 24 09:44:21 CDT 2020 (crt)
September 24, 2020 Opinion or Order Filing 45 ELECTRONIC Order Referring Motions: Plaintiff Brian M. Mattes's #43 Motion to Set Aside Filing Fee and Plaintiff Jason Trott's #38 Motion for Leave to Proceed in forma pauperis with certificate of trust account are referred to Magistrate Judge Rebecca Rutherford for hearing, if necessary, and determination. (Ordered by Judge Jane J. Boyle on 9/24/2020) (chmb)
September 22, 2020 Filing 44 RESPONSE filed by Jay E Glenewinkel re: #33 Status Request. (mjr)
September 22, 2020 Filing 43 MOTION to Set Aside Filing Fee filed by Brian M Mattes. (mjr)
September 22, 2020 Filing 42 MOTION to Withdraw as Plaintiff filed by Joshua N Higgins. (mjr)
September 22, 2020 Filing 41 Witness Statement filed by Randall Scott Anderson. (mjr)
September 22, 2020 Filing 40 MOTION to Withdraw as Plaintiff filed by William Cashel. (mjr)
September 22, 2020 Filing 39 MOTION to Withdraw as Plaintiff filed by Ronald C Dean. (mjr)
September 22, 2020 Filing 38 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Jason Trott. (mjr)
September 21, 2020 Filing 37 Witness Statement filed by Jason Robinson. (jmg)
September 21, 2020 Filing 36 Witness Statement filed by LaTroy Burris. (jmg)
September 14, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:35. Mon Sep 14 16:26:06 CDT 2020 (crt)
September 14, 2020 Opinion or Order Filing 35 Memorandum Opinion and Order: #32 MOTION MOTION for Permission to Add Trevor Huck and Ray Millaway as Plaintiffs is Granted. (Ordered by Judge Jane J. Boyle on 9/14/2020) (svc)
September 11, 2020 Filing 34 MOTION to Request Injunctive Relief filed by Timothy J Benz, William Cashel, Ronald C Dean, Jay E Glenewinkel, Joshua N Higgins, Brian M Mattes, Ryan E Offineer, Jason Trott. (mjr)
September 11, 2020 Filing 33 Status Request by Jay E Glenewinkel with Deputy Clerk Response. (sre)
September 3, 2020 Filing 32 MOTION for Permission to Add Trevor Huck and Ray Millaway as Plaintiffs filed by Jay E Glenewinkel. (mjr)
September 3, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:31. Thu Sep 3 11:00:16 CDT 2020 (crt)
September 3, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:30. Thu Sep 3 10:50:02 CDT 2020 (crt)
September 2, 2020 Opinion or Order Filing 31 ORDER denying #6 Motion to Appoint Counsel. (Ordered by Magistrate Judge Rebecca Rutherford on 9/2/2020) (ndt)
September 2, 2020 Opinion or Order Filing 30 ORDER re: #4 Motion for Leave to Proceed In Forma Pauperis. EACH PLAINTIFF WHO WANTS TO PROCEED WITH THIS LAWSUIT MUST EITHER PAY THE $400 FILING FEE OR SUBMIT A SEPARATE APPLICATION TO PROCEED IN FORMA PAUPERIS WITH THE REQUIRED CERTIFICATE OF INMATE TRUST ACCOUNT WITHIN 30 DAYS OF THE DATE OF THIS ORDER. The Clerk of Court will send a form application to proceed in forma pauperis to each plaintiff. (Ordered by Magistrate Judge Rebecca Rutherford on 9/2/2020) (Attachments: #1 Additional Page(s)) (ndt)
August 31, 2020 Filing 29 Witness Statement filed by David Hartmann. (oyh)
August 31, 2020 Filing 28 Public correspondence filed, deputy clerk response attached, received from Jay E Glenewinkel. (oyh)
August 31, 2020 Filing 27 Witness Statement filed by Stacy Myers. (oyh)
August 31, 2020 Filing 26 Public correspondence filed, deputy clerk response attached, received from Brian M Mattes. (oyh)
August 28, 2020 Filing 25 Witness Statement filed by Ray Millaway. (mjr)
August 28, 2020 Filing 24 Addendum to Witness Statement filed by Ryan E Offineer. (mjr)
August 28, 2020 Filing 23 Witness Statement filed by Donald Shane. (mjr)
August 20, 2020 Filing 21 Witness Statement and Test Results filed by Jay E Glenewinkel. (oyh)
August 20, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:19,20. Thu Aug 20 09:02:00 CDT 2020 (crt)
August 19, 2020 Opinion or Order Filing 20 ORDER REFERRING MOTIONS: re: #4 MOTION for Leave to Proceed in forma pauperis, #6 MOTION to Appoint Counsel are referred to Magistrate Judge Rebecca Rutherford. (Ordered by Judge Jane J. Boyle on 8/19/2020) (svc)
August 19, 2020 Opinion or Order Filing 19 ORDER WITHDRAWING REFERENCE: The Court hereby WITHDRAWS the reference of this proceeding to Judge Rutherford. This Court will adjudicate all pending and future matters in this case unless otherwise referred to Judge Rutherford by separate order. (Ordered by Judge Jane J. Boyle on 8/19/2020) (svc)
August 19, 2020 Filing 18 Court Request for Recusal: Senior Judge A. Joe Fish recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Jane J. Boyle for all further proceedings. Future filings should indicate the case number as: 3:20-cv-2256-B-BT. (ctf)
August 19, 2020 Filing 17 Court Request for Recusal: Magistrate Judge David L. Horan recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Magistrate Judge Rebecca Rutherford for all further proceedings. Future filings should indicate the case number as: 3:20-cv-2256-G-BT. (cea)
August 19, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Wed Aug 19 11:04:14 CDT 2020 (crt)
August 17, 2020 Filing 16 Witness Statement filed by Joseph Snow, Timothy Baum, Trevor Huck. (mjr)
August 17, 2020 Filing 15 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Timothy J Benz, William Cashel, Ronald C Dean, Jay E Glenewinkel, Joshua N Higgins, Brian M Mattes, Ryan E Offineer, Jason Trott. (mjr)
August 17, 2020 Filing 14 NOTICE of Intent and Statement to Join in Class Action Suit by Plaintiff Who is Now Deceased, filed by Trevor Huck- Witness. (mjr)
August 17, 2020 Filing 13 Testimony in Support filed by William Cashel re: #3 Complaint. (mjr)
August 17, 2020 Filing 12 Testimony in Support filed by Timothy J Benz re: #3 Complaint. (mjr)
August 17, 2020 Filing 11 Testimony in Support filed by Brian M Mattes re: #3 Complaint. (mjr)
August 17, 2020 Filing 10 Testimony in Support filed by Jason Trott re: #3 Complaint. (mjr)
August 17, 2020 Filing 9 Testimony in Support filed by Joshua N Higgins re: #3 Complaint. (mjr)
August 17, 2020 Filing 8 Testimony in Support filed by Ryan E Offineer re: #3 Complaint. (mjr)
August 17, 2020 Filing 7 Declaration in Support filed by Timothy J Benz, William Cashel, Ronald C Dean, Jay E Glenewinkel, Joshua N Higgins, Brian M Mattes, Ryan E Offineer, Jason Trott re: #6 MOTION to Appoint Counsel. (mjr)
August 17, 2020 Filing 6 MOTION to Appoint Counsel filed by Timothy J Benz, William Cashel, Ronald C Dean, Jay E Glenewinkel, Joshua N Higgins, Brian M Mattes, Ryan E Offineer, Jason Trott. (mjr)
August 17, 2020 Filing 5 Declaration in Support filed by Timothy J Benz, William Cashel, Ronald C Dean, Jay E Glenewinkel, Joshua N Higgins, Brian M Mattes, Ryan E Offineer, Jason Trott re: #4 MOTION for Leave to Proceed in forma pauperis. (mjr)
August 17, 2020 Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Timothy J Benz, William Cashel, Ronald C Dean, Jay E Glenewinkel, Joshua N Higgins, Brian M Mattes, Ryan E Offineer, Jason Trott. (mjr)
August 17, 2020 Filing 3 COMPLAINT against M Bayless, MD Carvajal, A Jenkins, L Smith, K Zook filed by Jason Trott, Timothy J Benz, Ryan E Offineer, Brian M Mattes, William Cashel, Jay E Glenewinkel, Joshua N Higgins, Ronald C Dean. 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. (mjr)
August 17, 2020 Filing 2 Notice and Instruction to Pro Se Party. (mjr)
August 17, 2020 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). 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (mjr)

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Search for this case: Glenewinkel et al v. Carvajal et al
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Plaintiff: Jason Trott
Represented By: Alison Johnston Grinter
Represented By: David Warren Henderson
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Plaintiff: William Cashel
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Plaintiff: Joshua N Higgins
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Plaintiff: Jay E Glenewinkel
Represented By: Alison Johnston Grinter
Represented By: David Warren Henderson
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Plaintiff: Brian M Mattes
Represented By: Alison Johnston Grinter
Represented By: David Warren Henderson
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Plaintiff: Timothy J Benz
Represented By: Alison Johnston Grinter
Represented By: David Warren Henderson
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Plaintiff: Ronald C Dean
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Plaintiff: Ryan E Offineer
Represented By: Alison Johnston Grinter
Represented By: David Warren Henderson
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Plaintiff: Ray Millaway
Represented By: Alison Johnston Grinter
Represented By: David Warren Henderson
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Plaintiff: Trevor Huck
Represented By: Alison Johnston Grinter
Represented By: David Warren Henderson
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Defendant: L Smith
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Defendant: MD Carvajal
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Defendant: A Jenkins
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Defendant: K Zook
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Defendant: M Bayless
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