Spalding v. NLN (3:23-cv-285)
| David Lyman Spalding |
| NFN NLN (3:23-cv-285), Coleen Peters, Merrick Garland and NLN NFN |
| 3:2023cv00285 |
| February 9, 2023 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Renee Harris Toliver |
| 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 August 30, 2023. A more recent docket listing may be available from PACER.
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Filing 10
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff David Lyman Spalding must address the following deficiency: The Motion to Proceed In Forma Pauperis does not include a signed Certificate of Inmate Trust Account and, thus, does not provide enough information for the Court to determine if in forma pauperis status is appropriate. Doc. #7 . Therefore, Plaintiff is ORDERED to file a Certificate of Inmate Trust Account by May 4, 2023. See Complaint form at page 2, 3 for filing fee information under the Prison Litigation Reform Act. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(b). No process will issue except upon order of the Court. (Ordered by Magistrate Judge Renee Harris Toliver on 4/4/2023) (chmb)
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Filing 9
ELECTRONIC ORDER granting (Docket entry 8) first Motion to Extend Time to file an amended complaint. Plaintiff's amended complaint is due by May 4, 2023. (Ordered by Magistrate Judge Renee Harris Toliver on 4/4/2023) (chmb) Modified on 4/4/2023 (chmb).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document #10 Tue Apr 4 11:58:03 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document #9 Tue Apr 4 12:52:52 CDT 2023 (crt) |
| Filing 8 MOTION to Extend Time filed by David Lyman Spalding (see document #6 for image). (axm) Modified on 4/4/2023 (chmb). |
| Filing 7 MOTION for Leave to Proceed in forma pauperis filed by David Lyman Spalding. (acm) |
| Filing 6 AMENDED COMPLAINT against NFN NLN (3:23-cv-285), Coleen Peters, Merrick Garland, NLN NFN filed by David Lyman Spalding. 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 5
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff David Lyman Spalding must address the following deficiency: The Court severed Plaintiff's due process claims from a response that he filed in his criminal case, No. 3:13-CR-422-M-1. See Doc. #4 . Plaintiff is now advised that the civil action is subject to the filing fee provisions of the Prison Litigation Reform Act (PLRA). See Complaint form at page 2, paragraph 3 for filing fee information under the PLRA. Accordingly, to the extent that Plaintiff seeks to proceed with a new civil action, he is GRANTED until March 13, 2023 to: (1) file a complaint on the court-approved form and (2) pay filing and administrative fees of $402.00 or file an application to proceed in forma pauperis with the required certificate of inmate trust account. See 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). 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 MAY 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 form motion to proceed in forma pauperis. (Ordered by Magistrate Judge Renee Harris Toliver on 2/10/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. NEF, 2 Amended Prisoner Civil Rights Complaint, Prisoner IFP form Fri Feb 10 16:41:43 CST 2023 (crt) |
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Filing 4
ORDER: Defendant's response is CONSTRUED to raise due process claims that should be addressed in a separate civil action. Doc. 394. The Clerk of the Court is directed to file a copy of Defendant's response in a new randomly assigned civil rights case (nature of suit code 550) against unidentified defendants and file a copy of this order and Defendant's response in it. (Originally field in case 3:13-cr-422 as document 397) (Ordered by Judge Barbara M. G. Lynn on 2/9/2023) (oyh)
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| Filing 2 Notice and Instruction to Pro Se Party. (oyh) |
| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,4. Thu Feb 9 11:03:45 CST 2023 (crt) |
| Filing 3 COMPLAINT against NFN NLN (3:23-cv-285) filed by David Lyman Spalding. 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. (Originally field in case 3:13-cr-422 as document 394) (oyh) Modified docket text on 2/9/2023 (oyh). |
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