Fuentes v. United States of America
| Tony Fuentes |
| Federal Bureau of Prisons and United States of America |
| James B Mitchell |
| 3:2022cv01667 |
| August 1, 2022 |
| US District Court for the Northern District of Texas |
| David L Horan |
| Ed Kinkeade |
| Prisoner Pet/Other: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 26, 2022. A more recent docket listing may be available from PACER.
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| Filing 17 Business Reply Card signed by USMS; re #12 Amended Complaint, #15 Order, and #16 Summons Issued. Signed on 9/26/2022. (sxf) |
| Filing 16 Summons issued as to United States of America, U.S. Attorney, and U.S. Attorney General. (ygl) |
Filing 15
ORDER SPECIFYING FURTHER ACTION TO BE TAKEN BY THE CLERK AND REQUIRING SERVICE BY THE MARSHAL: The Clerk of Court shall therefore UPDATE the docket to reflect that this lawsuit is now proceeding against Defendant United States of America. The Clerk of the Court shall issue summons, and the United States Marshal shall serve process on the United States. (Ordered by Magistrate Judge David L. Horan on 9/23/2022) (ygl)
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Filing 14
ORDER denying #13 Motion to Appoint Counsel. (Ordered by Magistrate Judge David L. Horan on 9/23/2022) (ndt)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Fri Sep 23 15:34:42 CDT 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Fri Sep 23 14:56:12 CDT 2022 (crt) |
| Filing 13 MOTION to Appoint Counsel filed by Tony Fuentes. (oyh) (Main Document 13 replaced on 9/22/2022) (oyh). |
| Filing 12 AMENDED COMPLAINT WITH JURY DEMAND against United States of America filed by Tony Fuentes, United States of America. 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. (oyh) (Additional attachment(s) added on 9/22/2022: #1 Exhibit(s)) (oyh). |
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Filing 10
ORDER WITHDRAWING FINDINGS, CONCLUSIONS, AND RECOMMENDATION AND EXTENDING DEADLINE TO FILE AMENDED COMPLAINT : Considering this filing, evidencing Fuentes's intent to prosecute this lawsuit himself pro se (and not through Mitchell), the undersigned WITHDRAWS the FCR and ORDERS Fuentes to file a complete amended complaint by October 21, 2022. If he fails to do so, the Court will liberally construe Dkt. No. #9 as the operative complaint. (Ordered by Magistrate Judge David L. Horan on 9/20/2022) (ndt)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Tue Sep 20 12:44:08 CDT 2022 (crt) |
| Filing 11 NOTICE filed by Tony Fuentes. (ygl) (Main Document 11 replaced on 9/20/2022) (ygl). |
| Filing 9 NOTICE (Exhibit F to Amended Civil Action Complaint) filed by Tony Fuentes. (ygl) |
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Filing 8
***WITHDRAWN*** FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should dismiss this case without prejudice. (Ordered by Magistrate Judge David L. Horan on 9/14/2022) (mcrd) Modified on 9/20/2022 (ndt).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 8. Wed Sep 14 10:30:35 CDT 2022 (crt) |
| Filing 7 RESPONSE filed by James B Mitchell re: #6 Order And Notice of Deficiency. (sxf) |
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Filing 6
NOTICE OF DEFICIENCY AND ORDER REGARDING COMPLAINT: Tony Fuentes must address the following deficiency: A 'power of attorney' is not sufficient to justify 'next friend' status. Fuentes's FTCA suit against the BOP is also currently subject to dismissal for lack of jurisdiction, because "FTCA claims may be brought against only the United States, and not the agencies or employees of the United States." The Court will allow Fuentes himself (not Mitchell acting under the purported power of attorney) leave to file an amended complaint.. 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 9/8/2022. (Ordered by Magistrate Judge David L. Horan on 8/8/2022) (axm) Modified on 8/9/2022 (mcrd).
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Filing 5
ORDER granting #4 Motion for Leave to Proceed In Forma Pauperis. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. Service of process shall be withheld pending further judicial screening under 28 U.S.C. 1915(e)(2) and 28 U.S.C. 1915A. (Ordered by Magistrate Judge David L. Horan on 8/8/2022) (mjr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. and the inmate trust fund department Mon Aug 8 16:25:05 CDT 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Mon Aug 8 16:35:03 CDT 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Tue Aug 2 09:59:01 CDT 2022 (crt) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Tony Fuentes. (sxf) |
| Filing 3 COMPLAINT against Federal Bureau of Prisons filed by Tony Fuentes. 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) |
| Filing 2 Notice and Instruction to Pro Se Party. (sxf) |
| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Horan (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 Horan). Clerk to provide copy to plaintiff if not received electronically. (sxf) |
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