Childs v. United States of America
Plaintiff: Jason Wayne Childs
Defendant: United States of America
Case Number: 3:2023cv00429
Filed: February 23, 2023
Court: US District Court for the Northern District of Texas
Presiding Judge: Reed C O'Connor
Referring Judge: Renee Harris Toliver
Nature of Suit: Prisoner Pet/Other: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 29, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2, 5. REMAILED to new address per #7 Wed Mar 29 09:11:17 CDT 2023 (crt)
March 28, 2023 Filing 7 Mail returned as undeliverable. #5 Order #1 Judge Fitzwater,, #2 Notice and Instruction to Pro Se Party received back from Jason Wayne Childs as Cannot Identify. 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. (acm)
March 1, 2023 Opinion or Order Filing 6 ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff Jason Wayne Childs must address the following deficiency: The Court severed Plaintiff's civil rights claims from his motion for home confinement under the CARES Act. See Doc. #5 . Plaintiff is now advised that the civil rights 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 rights action, he is GRANTED until March 30, 2023 to: (1) file a civil rights 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, a prisoner civil rights complaint form (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 3/1/2023) (chmb)
March 1, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Wed Mar 1 13:47:35 CST 2023 (crt)
February 24, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,5. Fri Feb 24 10:10:29 CST 2023 (crt)
February 23, 2023 Opinion or Order Filing 5 ORDER: The Court DENIES Childs' CARES Act motion (doc. 159) and motion seeking the appointment of counsel (doc. 160). The Court also SEVERS the civil rights claims in Childs' CARES Act motion and motion to appoint counsel. The Court directs the Clerk of Court to open a new civil rights case pursuant to Bivens (nature of suit 550) for the now-severed claims and file a copy of Document Numbers 159 and 160 and this Order in that case. The new civil rights case should be assigned to the undersigned District Judge and Magistrate Judge Toliver. Finally, all future pleadings related to the civil rights matter should be filed in the new case. (Originally field as document 161 in case 3:10-cr-75) (Ordered by Judge Reed C. O'Connor on 2/23/2023) (oyh) Modified docket text on 2/24/2023 (oyh).
February 23, 2023 Filing 2 Notice and Instruction to Pro Se Party. (oyh)
February 23, 2023 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. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) 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. (oyh) Modified docket text on 2/24/2023 (oyh).
February 23, 2023 Judge Reed C. O'Connor and Magistrate Judge Renee Harris Toliver added. (oyh)
December 12, 2022 Filing 4 MOTION to Appoint Special Counsel filed by Jason Wayne Childs (Originally field as document 160 in case 3:10-cr-75) (oyh)
December 12, 2022 Filing 3 COMPLAINT against United States of America filed by Jason Wayne Childs. 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 as document 159 in case 3:10-cr-75) (oyh) Modified docket text on 2/24/2023 (oyh).

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