Pitts v. Bureau of Prisians
| Shannon Pitts |
| Bureau of Prisians |
| 3:2022cv02884 |
| December 22, 2022 |
| US District Court for the Northern District of Texas |
| David L Horan |
| Barbara M G Lynn |
| Renee Harris Toliver |
| Prisoner Pet/Other: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Civil Case Terminated per 8 ORDER. (oyh) |
Filing 8
ELECTRONIC ORDER: Upon review, the Court finds that Plaintiff's letter requesting to withdraw this case (Doc. #7 ) meets the requirements for voluntary dismissal under Fed. R. Civ. P. 41(a)(1)(A)(i) (providing that a plaintiff may dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment). Accordingly, the Clerk of the Court is directed to close this case under Rule 41(a)(1)(A)(i). (Ordered by Magistrate Judge Renee Harris Toliver on 1/30/2023) (chmb)
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| Filing 7 NOTICE of Withdrawal of Case filed by Shannon Pitts. (ndt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Mon Jan 9 11:09:25 CST 2023 (crt) |
| Filing 6 Mail returned as undeliverable. #2 Notice and Instruction to Pro Se Party, #1 Judge Lynn, received back from Shannon Pitts as Return to Sender Unable to Forward. Address updated from last filed document, #3 . New address: BOP Seagoville FCI PO Box 9000 Seagoville, TX 75159. The current document has been re-mailed. (sxf) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Amended 1983 Forms and Application to Proceed IFP Wed Jan 4 11:55:17 CST 2023 (crt) |
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Filing 5
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff Shannon Pitts must address the following deficiency: The letter complaint was not filed on the appropriate complaint form. Nor did Plaintiff pay filing and administrative fees of $402.00 or file a request to proceed in forma pauperis along with a certified statement of the balance in his/her inmate trust account. See 28 U.S.C. 1915(a)(2); N.D. Tex. Misc. Ord. 14 (requiring inmates to file civil rights complaints and motions to proceed in forma pauperis on the court-approved forms). Therefore, to the extent Plaintiff seeks to proceed with a new civil action, he is ORDERED to (1) file a complaint on the court-approved form and (2) pay the $402.00 filing fee or file an application to proceed in forma pauperis with the required certificate of inmate trust account, by February 1, 2023. See Complaint form at page 2, paragraph 3 for filing fee information under the Prison Litigation Reform Act. If Plaintiff did not intend to file a lawsuit at this time, he may file a Notice of Dismissal and the case will be closed without the assessment of a filing fee. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(b).The Clerk of the Court is directed to provide to Plaintiff, with service of this Order, two prisoner civil rights complaint forms (labeled amended and reflecting this case number) and a prisoner motion to proceed in forma pauperis. Any amended complaint will supersede (take the place of) the previous filing. Consequently, Plaintiff must state all claims and list all defendants in any amended complaint filed. No process will issue except upon order of the Court. (Ordered by Magistrate Judge Renee Harris Toliver on 1/3/2023) (chmb)
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| Filing 4 Court Request for Recusal: Magistrate Judge David L. Horan recused pursuant to Special Order 3-346. Magistrate Judge Renee Harris Toliver assigned for matters that may be referred in this case. (axm) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Tue Dec 27 16:42:24 CST 2022 (crt) |
| Filing 3 COMPLAINT against Bureau of Prisians filed by Shannon Pitts. 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) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Thu Dec 22 15:46:48 CST 2022 (crt) |
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