Ferguson v. Donald Wendall Warren et al
| Darrell Carlin Ferguson |
| Unknown Defendants (3:23-cv-155-S), Donald Wendall Warren, Newton Williams, Jr, Hancock Jr, Morris Preston Ferguson, Joe Anne Green, Clinton Horn, Kevin Horn, Clinton Darrell Ferguson, Jeffrey Taylor and Rebecca Gayle Goodman Mills |
| 3:2023cv00155 |
| January 18, 2023 |
| US District Court for the Northern District of Texas |
| Irma Carrillo Ramirez |
| Karen Gren Scholer |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Tue Mar 14 08:34:33 CDT 2023 (crt) |
Filing 7
FINDINGS, CONCLUSIONS, AND RECOMMENDATION: The plaintiff's case should be dismissed without prejudice under Fed. R. Civ. P. 41(b) for failure to prosecute or follow orders of the court, unless he files an amended complaint or habeas petition on the correct form and either pays the filing fee or files a fully completed IFP application within the time for objecting to this recommendation, or by some other deadline set by the court. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 3/13/2023) (svc)
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Filing 6
SECOND NOTICE OF DEFICIENCY AND ORDER: Darrell Carlin Ferguson must address the following deficiency: It is still not clear from the filing whether the plaintiff seeks to sue private parties, whether he seeks to file a civil rights lawsuit under 42 U.S.C. 1983 based on actions taken against him in the prison facility where he is incarcerated, or whether he is challenging a disciplinary proceeding against him under 28 U.S.C. 2254. The plaintiff's filing does not comply with the requirement in Fed. R. Civ. P. 8(a). The plaintiff did not file his complaint on the proper form. If plaintiff wishes to proceed with a civil lawsuit. He must either pay the $402 filing fee or submit an application to proceed in forma pauperis with the required certificate of inmate trust account. If he is seeking to challenge a disciplinary proceeding, he must file a habeas action by completing and returning the enclosed form used in this Court for actions filed under 28 U.S.C. 2254. He must also either pay the $5 filing fee for a habeas case or submit an application to proceed in forma pauperis with the required certificate of inmate trust account. 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 30 days. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 2/9/2023) (Attachments: #1 Fed. R. Civ. P. 8, #2 Civil Complaint Form, #3 1983 Form, #4 IFP Motion, #5 2254 Form) (ykp)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Thu Feb 9 11:44:15 CST 2023 (crt) |
| Filing 5 AMENDED COMPLAINT against Clinton Darrell Ferguson, Morris Preston Ferguson, Rebecca Gayle Goodman Mills, Joe Anne Green, Clinton Horn, Kevin Horn, Jeffrey Taylor, Donald Wendall Warren, Newton Williams, Jr filed by Darrell Carlin Ferguson. 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. (acm) |
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Filing 4
Order and Notice of Deficiency: Darrell Carlin Ferguson must address the following deficiency: He must submit an amended legible complaint that complies with Rule 8(a) and properly names each defendant he seeks to sue. If the pro se prisoner plaintiff intended to file a civil rights lawsuit under 42 U.S.C. 1983 based on actions taken against him in the prison facility where he is incarcerated, he did not file his complaint on the proper form. The plaintiff has also not paid the filing fee for a civil action. Included within the plaintiffs filing are a disciplinary action and grievance forms. If he is seeking to challenge a disciplinary proceeding, he must file a habeas action by completing and returning the enclosed form used in this Court for actions filed under 28 U.S.C. 2254. 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 30 days. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 1/23/2023) (Attachments: #1 Federal Rule of Civil Procedure 8, #2 Amended Complaint Form, #3 1983 Complaint Form, #4 IFP Form, #5 2254 Form, #6 IFP Form) (axm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Mon Jan 23 12:27:41 CST 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Fri Jan 20 14:58:33 CST 2023 (crt) |
| Filing 3 COMPLAINT against Unknown Defendants (3:23-cv-155-S) filed by Darrell Carlin Ferguson. 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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