Glaspie v. Ermatinger et al
| Kevin Neal Glaspie |
| Cindy Ermatinger, Janet Traylor, John Fehler and Brad Norman |
| 3:2022cv02743 |
| December 8, 2022 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Irma Carrillo Ramirez |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.
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Filing 10
Recommendation Regarding Request to Proceed in Forma Pauperis on Appeal: The request for leave to proceed in forma pauperis on appeal should be DENIED because the Court should find under Fed. R. App. 24(a)(3) and 28 U.S.C. 1915(g) that the plaintiff is barred by the "three-strikes" rule of 1915(g), and has not timely paid the filing fee, as discussed in the #5 findings, conclusions, and recommendation filed in this case on 12/12/2022. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 2/2/2023) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Thu Feb 2 14:53:46 CST 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Fri Jan 27 08:45:15 CST 2023 (crt) |
| MOTION for Leave to Proceed in forma pauperis on appeal re #9 Notice of Appeal filed by Kevin Neal Glaspie. See #9 for image. (svc) |
| Filing 9 NOTICE OF APPEAL as to #8 Judgment, to the Fifth Circuit by Kevin Neal Glaspie. 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. (acm) |
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Filing 8
FINAL JUDGMENT: It is ORDERED that this action is DISMISSED without prejudice under 28 U.S.C. $ 1915(g). The plaintiff may not re-file this action, or any other civil action to which the Prison Litigation Reform Act applies, without prepaying the requisite filing fees or making a showing of imminent danger of serious physical injury. (Ordered by Senior Judge Sam R Cummings on 1/9/2023) (oyh)
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Filing 7
ORDER ACCEPTING #5 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Senior Judge Sam R Cummings on 1/9/2023) (oyh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7,8. Mon Jan 9 16:33:15 CST 2023 (crt) |
| Filing 6 Mail returned as undeliverable. #2 Notice and Instruction to Pro Se Party, #5 Findings and Recommendations on Motion, #1 Judge Cummings (Dallas), received back from Kevin Neal Glaspie as Return to Sender - Not in County. Address updated from last filed document, #3 . New address: Wayne McCollum Detention Center 300 S Jackson Street Waxachachie, TX 75165. The current document has been re-mailed. (Attachments: #1 Additional Page(s)) (sxf) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2, 5. Thu Dec 29 16:43:03 CST 2022 (crt) |
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Filing 5
Findings, Conclusions, and Recommendation: Before the Court is the plaintiff's #4 Application to Proceed in Forma Pauperis, with a certificate of inmate trust account and resident account summary, received on 12/8/2022. Based on the relevant filings and applicable law, the application should be denied, and the case should be summarily DISMISSED as barred by the "three-strikes" rule of 28 U.S.C. 1915(g) unless the plaintiff timely pays the filing fee. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 12/12/2022) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Mon Dec 12 08:32:29 CST 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Fri Dec 9 10:49:07 CST 2022 (crt) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Kevin Neal Glaspie. (mlb) |
| Filing 3 COMPLAINT against Cindy Ermatinger, John Fehler, Brad Norman, Janet Traylor filed by Kevin Neal Glaspie. 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. (mlb) |
| Filing 2 Notice and Instruction to Pro Se Party. (mlb) |
| 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. 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (mlb) |
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