Lincoln v. The State of Texas et al
| Douglas Lincoln, Jr |
| The State of Texas, Ellis County Texas Sheriffs Office, United States Homeland Prisoner Transport LLC and Wayne McCollum Detention Center |
| 3:2022cv01591 |
| July 21, 2022 |
| US District Court for the Northern District of Texas |
| Sam A Lindsay |
| Rebecca Rutherford |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 31, 2022. A more recent docket listing may be available from PACER.
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***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Thu Sep 1 08:42:05 CDT 2022 (crt)
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Filing 9
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should dismiss Lincoln's 2241 petition without prejudice for failure to exhaust state court remedies.Additionally, the Court SEVERS Lincoln's civil claims from this habeas action filed under 2241 and directs the Clerk of Court to open a new civil rights case (nature of suit 550) for the now-severed claims and file a copy of this order in that case. 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. Civil Case 3:22-cv-1955-L opened (Ordered by Magistrate Judge Rebecca Rutherford on 8/29/2022) (ygl) Modified on 9/2/2022 (axm).
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Filing 8
AMENDED COMPLAINT against Ellis County Texas Sheriffs Office, The State of Texas, United States Homeland Prisoner Transport LLC, Wayne McCollum Detention Center filed by Douglas Lincoln, Jr. 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. (axm)
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Filing 7
ORDER denying #5 Motion to Appoint Counsel: After Lincoln remedies the deficiency in his pleading, the Court will screen his claims. At this time,Lincoln has failed to demonstrate that he requires counsel to assist him. His request for appointed counsel is therefore denied without prejudice. (Ordered by Magistrate Judge Rebecca Rutherford on 8/4/2022) (ykp)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Thu Aug 4 10:21:09 CDT 2022 (crt)
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Filing 6
NOTICE re: Ellis County Jail Will Not Provide Us Means to Copy Anything filed by Douglas Lincoln, Jr. (sxf)
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Filing 5
MOTION to Appoint Counsel filed by Douglas Lincoln, Jr. (sxf)
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Filing 4
NOTICE OF DEFICIENCY AND ORDER: Douglas Lincoln, Jr must address the following deficiency: Complaint is not in compliance with Federal Rule of Civil Procedure 8(a). 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 8/25/2022. (Ordered by Magistrate Judge Rebecca Rutherford on 7/25/2022) (Attachments: #1 Rule 8, #2 Prisoner 1983) (mjr)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Mon Jul 25 09:24:35 CDT 2022 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Fri Jul 22 11:23:49 CDT 2022 (crt)
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Filing 3
COMPLAINT against Ellis County Texas Sheriffs Office, The State of Texas, United States Homeland Prisoner Transport LLC, Wayne McCollum Detention Center filed by Douglas Lincoln, Jr. (Filing fee $402.00; Receipt number 300000206) 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. (sxf)
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Filing 2
Notice and Instruction to Pro Se Party. (sxf)
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Filing 1
New Case Notes: A filing fee has 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. (sxf)
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