Porter v. Frances et al
| Edward L Porter |
| Livia Liu Frances, Lela Lawrence Mays, Dondria Bowman, Janet Lusk and Hal Turley |
| 3:2020cv03402 |
| November 13, 2020 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Rebecca Rutherford |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on December 11, 2020. A more recent docket listing may be available from PACER.
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Filing 9
JUDGMENT: It is ORDERED, that Plaintiff's complaint is dismissed under 28 U.S.C. 1915A and 1915(e)(2)(B) and a new case is opened for his habeas claims. (Ordered by Judge Ed Kinkeade on 12/11/2020) (jmg)
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Filing 8
ORDER ACCEPTING #6 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge Ed Kinkeade on 12/11/2020) (jmg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8, 9. Fri Dec 11 14:29:13 CST 2020 (crt) |
| Filing 7 OBJECTION to #6 Findings and Recommendations. (hml) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Fri Nov 20 10:03:16 CST 2020 (crt) |
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Filing 6
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: #3 Complaint. The Court recommends that Porter's habeas claims be severed from his civil rights claims filed under 1983 and his civil rights claims be dismissed under 28 U.S.C. 1915A and 1915(e)(2)(B). The Court further recommends that the Clerk of Court be directed to open a new habeas case pursuant to 28 U.S.C. 2254 (nature of suit 530), for the now-severed claims and file a copy of this order in that case. The complaint should be docketed in the new case, and the new case should be assigned to the same District Judge and Magistrate Judge as the instant civil rights case. All future pleadings related to the severed habeas matter should be filed in the new case. (Ordered by Magistrate Judge Rebecca Rutherford on 11/19/2020) (hml)
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Filing 5
FILING FEE ORDER granting #4 Motion to Proceed In Forma Pauperis in the amount of $0 with a balance of $350 remaining as to Edward L Porter, #2247886. (Clerk note: TDCJ Inmate Trust Office has been electronically notified of this order.) (Ordered by Magistrate Judge Rebecca Rutherford on 11/17/2020) (mla) Modified text on 11/18/2020 (axm).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Tue Nov 17 10:41:40 CST 2020 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Mon Nov 16 10:54:07 CST 2020 (crt) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Edward L Porter. (hml) |
| Filing 3 COMPLAINT against Dondria Bowman, Livia Liu Frances, Janet Lusk, Lela Lawrence Mays, Hal Turley filed by Edward L Porter. 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. (hml) |
| Filing 2 Notice and Instruction to Pro Se Party. (hml) |
| 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. (hml) |
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