Emmett v. Thaler, Director TDCJ-CID
| Barry Emmett |
| Rick Thaler, Director TDCJ-CID |
| 3:2021cv00511 |
| March 5, 2021 |
| US District Court for the Northern District of Texas |
| Jane J Boyle |
| 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 May 19, 2021. A more recent docket listing may be available from PACER.
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Filing 5
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should dismiss Emmett's complaint without prejudice under Rule 41(b). (Ordered by Magistrate Judge Rebecca Rutherford on 4/23/2021) (axm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Fri Apr 23 10:04:59 CDT 2021 (crt) |
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Filing 4
Order and Notice of Deficiency: Barry Emmett must address the following deficiency: The $402 fee has not been paid nor has a proper request to proceed in forma pauperis been submitted. Civil rights pleadings are not filed on the appropriate form.. 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 4/7/2021. (Ordered by Magistrate Judge Rebecca Rutherford on 3/8/2021) (Attachments: #1 Additional Page(s), #2 Additional Page(s) IFP, #3 Additional Page(s) Civil Rights Complaint) (ndt)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Mon Mar 8 16:01:58 CST 2021 (crt) |
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Filing 3
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Case re: #2 Complaint. The Court recommends the District Court DENY Emmett's Rule 60(b) motion (ECF No. 106 #2 ). Additionally, the Court SEVERS Emmett's civil claims from this habeas action filed under 2254 and directs the Clerk of Court to open a new civil rights case pursuant to 42 U.S.C. 1983 (nature of suit 550), for the now-severed claims and file a copy of this order in that case. ECF No. 106 should be docketed in the new case, and the new case should be assigned to the same District Judge and Magistrate Judge as this habeas case. Finally, all future pleadings related to the severed civil rights matter should be filed in the new case. (Ordered by Magistrate Judge Rebecca Rutherford on 3/5/2021) (ykp) Terminated motion on 3/8/2021 (ali).
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| Filing 2 COMPLAINT/Motion for Leave to File Rule 60 B Motion, New Evidence against Rick Thaler, Director TDCJ-CID filed by Barry Emmett. 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 Exhibit(s)) (ykp) |
| Filing 1 New Case Notes: A filing fee has not been paid. SCREEN case referral set and case referred to Magistrate Judge Rutherford (see Special Order 3). Initiating documents received by mail. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) (ykp) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Fri Mar 5 12:19:35 CST 2021 (crt) |
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| Defendant: Rick Thaler, Director TDCJ-CID | |
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