Jones v. USA
| Tecourtney Jones |
| USA, Dallas Police Department and AUSA |
| 3:2020cv03076 |
| October 8, 2020 |
| US District Court for the Northern District of Texas |
| David C Godbey |
| Renee Harris Toliver |
| Prisoner Pet/Other: Mandamus & Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Filing 6 AMENDED COMPLAINT against AUSA, Dallas Police Department filed by Tecourtney Jones. 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. (jmg) |
Filing 5
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff Tecourtney Jones must address the following deficiency: The Court construed Plaintiff's Motion for Return of Property under FED. R. CRIM. P. 41(g) as a civil action. Doc. #3 ; Doc. #4 . Plaintiff is now advised that such action is subject to the filing fee provisions of the Prison Litigation Reform Act (PLRA). See Complaint form at page 2, paragraph 3 for filing fee information under the PLRA; Pena v. United States, 122 F.3d 3, 5 (5th Cir. 1997) (motion for return of seized property is a civil action subject to the PLRA filing fee provisions).Accordingly, insofar as Plaintiff seeks to proceed with this action, he is GRANTED until November 9, 2020 to: (1) file a complaint seeking the return of seized property and (2) pay the $400.00 filing fee or file a motion for leave to proceed in forma pauperis along with a certificate of inmate trust account. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE DISMISSAL OF THIS ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(b).The Clerk of the Court is directed to provide to Plaintiff, with service of this Order, a standard form prisoner application to proceed in forma pauperis and a form prisoner civil rights complaint form (labeled amended and reflecting this case number). (Ordered by Magistrate Judge Renee Harris Toliver on 10/9/2020) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5 with a standard form prisoner application to proceed in forma pauperis and a form prisoner civil rights complaint form (labeled amended and reflecting this case number). Fri Oct 9 16:18:51 CDT 2020 (crt) |
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Filing 4
ORDER:The Defendant's Motion for Return of Seized Property is liberally CONSTRUED as a civil action under 28 U.S.C. 1331, which should be opened as a new civil The Clerk of the Court is DIRECTED to terminate the motion in the criminal case, open a new civil action against the United States under 28 U.S.C. 1331 (nature of suit code 540), with direct assignment to Judge Godbey and Magistrate Judge Toliver, and file the motion as a civil complaint in that case along with a copy of this order. All future filings regarding the motion should be filed in the new action. (Ordered by Judge David C Godbey on 10/8/2020) (ykp)
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| Filing 2 Notice and Instruction to Pro Se Party (ykp) |
| 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. (ykp) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,4. Thu Oct 8 17:40:11 CDT 2020 (crt) |
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