Dingler v. Prison Litigation Reform Act
| JKD Holdings LLC |
| Prison Litigation Reform Act |
| Joseph Kelly Dingler |
| 3:2021cv00723 |
| March 29, 2021 |
| US District Court for the Northern District of Texas |
| David C Godbey |
| Irma Carrillo Ramirez |
| Real Property: Rent Lease & Ejectment |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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This docket was last retrieved on May 21, 2021. A more recent docket listing may be available from PACER.
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Filing 9
FINAL JUDGMENT: It is ORDERED that because the pro se individual may not prosecute this action on behalf of the artificial entity plaintiff without legal counsel, the entity's claims are dismissed without prejudice. Alternatively, its claims are DISMISSED without prejudice under Fed. R. Civ. P. 41(b) for failure to prosecute or follow orders of the Court. (Ordered by Judge David C Godbey on 5/21/2021) (ykp)
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Filing 8
ORDER ACCEPTING #6 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge David C Godbey on 5/21/2021) (ykp)
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| Filing 7 OBJECTION and Appeal to #6 Findings and Recommendations by Joseph Kelly Dingler. (Dingler, Joseph) Modified text on 5/17/2021 (mjr). |
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Filing 6
Findings, Conclusions, and Recommendation: Based on the relevant filings and applicable law, the case should be dismissed without prejudice because the pro se individual may not prosecute this action on behalf of the artificial entity plaintiff without legal counsel, and alternatively, because it failed to prosecute this case or follow orders of the court. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 5/10/2021) (mcrd)
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Filing 5
Notice of Deficiency and Order: Mr. Dingler is not a licensed attorney, so he may not represent the artificial entity plaintiff. It must appear through licensed counsel within 14 days from the date of this order. In addition, the artificial entity plaintiff has not paid the filing fee for this case. The artificial entity must therefore pay the $402 filing fee within 14 days from the date of this order. Finally, the civil complaint does not comply with Fed. R. Civ. P. 8(a). Through licensed counsel, the artificial entity must submit an amended complaint that complies with Rule 8(a) within 14 days of the date of this order. Failure to comply with this order may result in the dismissal of this case under Federal Rule of Civil Procedure 41(b). (Ordered by Magistrate Judge Irma Carrillo Ramirez on 3/31/2021) (mcrd)
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Filing 4
Order Unfiling #3 MOTION Removal re 9 Judgment, #2 Unopposed MOTION to Reopen Case Rule 60(b) filed by Joseph Kelly Dingler due to the following deficiency: The claims underlying the purportedly removed action are unrelated to the claims asserted in this purported habeas case, his filings are properly construed as a new civil action. The Clerk of the Court is DIRECTED to unfile the motion and notice of removal in this case, open a separate new civil case, file the motion and notice of removal and a copy of this order in the new case, and directly assign it to the same district judge and magistrate judge as in this case. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 3/29/2021) (ykp)
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| Filing 3 Notice of Removal filed by Joseph Kelly Dingler, JKD Holdings LLC with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Declaration(s)) (ykp) Modified text on 3/31/2021 (jmg). |
| Filing 2 MOTION FOR RULE 60(b) RELIEF FROM FINALITY/Complaint against Prison Litigation Reform Act filed by Joseph Kelly Dingler, JKD Holdings LLC. 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. (ykp) |
| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Ramirez (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) |
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