Nabaya v. Zook
Plaintiff: Shapat Nabaya
Defendant: K Zook
Case Number: 3:2021cv02948
Filed: November 23, 2021
Court: US District Court for the Northern District of Texas
Presiding Judge: Ed Kinkeade
Referring Judge: Rebecca Rutherford
Nature of Suit: Prisoner Pet/Other: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 12, 2022 Opinion or Order Filing 34 ELECTRONIC ORDER dismissing Movant's motions [32, 33]. (Ordered by Magistrate Judge Rebecca Rutherford on 1/12/2022) (chmb)
January 11, 2022 Opinion or Order Filing 33 MOTION for Bond Hearing filed by Shapat Nabaya. (jmg)
January 11, 2022 Opinion or Order Filing 32 MOTION for an ROR Bond Pursuant to the 4th, 5th, 6th and 14th Amendments filed by Shapat Nabaya. (jmg)
January 10, 2022 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:31. Mon Jan 10 10:18:47 CST 2022 (crt)
January 7, 2022 Opinion or Order Filing 31 NOTICE OF APPEAL as to #21 Order to the Fifth Circuit by Shapat Nabaya. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (jmg)
January 6, 2022 Opinion or Order Filing 30 CERTIFICATE OF SERVICE re: Order to Proceed Without Prepaying Fees or Costs by Shapat Nabaya. (jmg)
January 6, 2022 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:24. Thu Jan 6 08:22:28 CST 2022 (crt)
January 5, 2022 Opinion or Order Filing 29 Public correspondence addressed to judge, received from Shapat Nabaya. (axm)
January 5, 2022 Opinion or Order Filing 28 NOTICE of Exhibit filed by Shapat Nabaya. (mla)
January 5, 2022 Opinion or Order Filing 27 NOTICE of Demand filed by Shapat Nabaya. (mla)
January 5, 2022 Opinion or Order Filing 26 OBJECTION filed by Shapat Nabaya re: #14 Findings and Recommendation. (mla)
January 5, 2022 Opinion or Order Filing 25 Supplemental Document as to #24 Notice of Appeal, Expedited Notice of Appeal Supplement, by Shapat Nabaya. (mla)
January 5, 2022 Opinion or Order Filing 24 Expedited NOTICE OF APPEAL as to #22 Judgment, to the Fifth Circuit by Shapat Nabaya. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (mla)
January 3, 2022 Opinion or Order Filing 23 NOTICE of Process Receipt and Return filed by Shapat Nabaya. (axm)
January 3, 2022 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:21, 22. Mon Jan 3 08:42:44 CST 2022 (crt)
December 30, 2021 Opinion or Order Filing 22 JUDGMENT - The Court has entered its Findings in the case, accepting the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. Therefore, it is ORDERED, ADJUDGED, and DECREED that this civil action is construed as one filed under 28 U.S.C. 2255. This case is DISMISSED for lack of jurisdiction, and any pending motions are DENIED as moot.. (Ordered by Judge Ed Kinkeade on 12/30/2021) (chmb)
December 30, 2021 Opinion or Order Filing 21 ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE - After making an independent review of the pleadings, files and records in this case, and the Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated December 8, 2021. Plaintiff has filed numerous documents as well as objections on December 27, 2021. The District Court reviewed de novo those portions of the proposed findings, conclusions, and recommendation to which objection was made, and reviewed the remaining proposed findings, conclusions, and recommendation for plain error. Finding no error, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. the Court finds that the Findings and Recommendation of the Magistrate Judge are correct, and they are accepted as the Findings, Conclusions, and Recommendation of the Court.Any motions or requests by Plaintiff are hereby DENIED. (Ordered by Judge Ed Kinkeade on 12/30/2021) (chmb)
December 30, 2021 Opinion or Order Filing 20 CERTIFICATE OF SERVICE re: Waiver of Service by Shapat Nabaya. (mjr)
December 27, 2021 Opinion or Order Filing 19 Expedited Notice of Appeal Supplement by Shapat Nabaya as to #16 Notice of Interlocutory Appeal. (mjr)
December 27, 2021 Opinion or Order Filing 18 Demand for Claim to be Heard and His Summons and Bivens Claim be Served by a Marshal filed by Shapat Nabaya. (mjr)
December 27, 2021 Opinion or Order Filing 17 OBJECTION filed by Shapat Nabaya re: #14 Findings and Recommendations on Case re: #2 Complaint. (mjr)
December 22, 2021 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:16. Wed Dec 22 11:03:39 CST 2021 (crt)
December 21, 2021 Opinion or Order Filing 16 NOTICE OF INTERLOCUTORY APPEAL as to 13 Order of a Magistrate Judge order to the District Judge by Shapat Nabaya. Copy of NOA to be sent US Mail to parties not electronically noticed. (axm)
December 13, 2021 Opinion or Order Filing 15 MOTION to Appoint Marshal to Serve Summons and Complaint Under Fed. R. Civ. P. 4(c)(3) filed by Shapat Nabaya (ygl)
December 8, 2021 Opinion or Order Filing 14 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Case re: #2 Complaint. The Court should construe Nabaya's filing as a motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255 and DISMISS it for lack of jurisdiction. The Court should also terminate any pending motions, including his motions for a preliminary injunction (ECF Nos. #5 , #7 , #11 ), as moot. (Ordered by Magistrate Judge Rebecca Rutherford on 12/8/2021) (mjr)
December 8, 2021 Opinion or Order Filing 13 ELECTRONIC ORDER denying #8 #12 Motions to Appoint Marshal to Serve Summons and Complaint Under Fed. R. Civ. P. 4(c)(3). These motions are DENIED without prejudice as premature because Plaintiff has not cured the deficiencies identified in #4 the Order and Notice of Deficiency and the Court has not finished its judicial screening. (Ordered by Magistrate Judge Rebecca Rutherford on 12/8/2021) (Magistrate Judge Rebecca Rutherford)
December 8, 2021 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:13. NEF Wed Dec 8 15:30:39 CST 2021 (crt)
December 8, 2021 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Wed Dec 8 15:54:16 CST 2021 (crt)
December 3, 2021 Opinion or Order Filing 12 MOTION to Appoint Marshal to Serve Summons and Complaint Under (Fed. R. Civ. P. 4(c)(3)) filed by Shapat Nabaya. (ygl)
December 3, 2021 Opinion or Order Filing 11 MOTION for Preliminary Injunction an Temporary Restraining Order Under Fed Civ. Rule 654 filed by Shapat Nabaya. (ygl)
November 30, 2021 Opinion or Order Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Shapat Nabaya. (ygl)
November 30, 2021 Opinion or Order Filing 9 CERTIFICATE OF SERVICE re #8 MOTION to Appoint Marshal to Serve Summons and Complaint Under Fed. R. Civ. P. 4(c)(3), #7 MOTION Preliminary Injunction and Temporary Restraining Order Under Fed. Civ. R. 65. (ygl)
November 30, 2021 Opinion or Order Filing 8 MOTION to Appoint Marshal to Serve Summons and Complaint Under Fed. R. Civ. P. 4(c)(3) filed by Shapat Nabaya. (ygl)
November 30, 2021 Opinion or Order Filing 7 MOTION Preliminary Injunction and Temporary Restraining Order Under Fed. Civ. Rule 65 filed by Shapat Nabaya. (ygl)
November 30, 2021 Opinion or Order Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT. (ygl)
November 30, 2021 Opinion or Order Filing 5 MOTION Preliminary Injunction and Temporary Restraining Order Under Fed. Civ. R. 65 filed by Shapat Nabaya. (ygl)
November 29, 2021 Opinion or Order Filing 4 Order and Notice of Deficiency: Shapat Nabaya 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 12/29/2021. (Ordered by Magistrate Judge Rebecca Rutherford on 11/29/2021) (Attachments: #1 IFP Motion, #2 Complaint Form, #3 Fed Civ Rule 8) (ykp)
November 29, 2021 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Mon Nov 29 15:54:53 CST 2021 (crt)
November 23, 2021 Opinion or Order Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Shapat Nabaya. (mjr)
November 23, 2021 Opinion or Order Filing 2 COMPLAINT (Bivens Claim) WITH JURY DEMAND against K Zook filed by Shapat Nabaya. 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)
November 23, 2021 Opinion or Order 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. (For court use only - links to the #national index and to the prior sanctions found within the

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