Johnson v. Director, TDCJ-CID
| Larry B Johnson |
| Director, TDCJ-CID |
| 3:2023cv00444 |
| February 27, 2023 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Rebecca Rutherford |
| 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 February 28, 2023. A more recent docket listing may be available from PACER.
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| Abandoned case - Case is not proceeding: Case inadvertently opened in error. Case proceeding under case number 3:23-cv-235. If one or more judges was assigned, clerk to contact the Operations Assistance Team to request assignment card reconciliation. (axm) |
Filing 5
Order and Notice of Deficiency: Larry B Johnson must address the following deficiency: Complaint is not in compliance with Federal Rule of Civil Procedure 8(a). The $402 fee has not been paid nor has a proper request to proceed in forma pauperis been submitted. A request to proceed in forma pauperis must include a certified statement of the balance in plaintiffs inmate trust account for the six-month period preceding the filing of the complaint. 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 3/28/2023. (Ordered by Magistrate Judge Rebecca Rutherford on 2/28/2023) (Attachments: #1 IFP form, #2 1983 Form, #3 FRCP8) (oyh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Tue Feb 28 10:46:55 CST 2023 (crt) |
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Filing 3
ORDER: It is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, Petitioner's Petition is DENIED. Additionally, the Court SEVERS Johnson's civil rights claims from this habeas action filed under $ 2254 and directs the Clerk of Court to open a new civil rights case (nature of suit 550) for the now-severed claims and file a copy of this Order and ECF No. 29 in that case. The new case should be assigned to the same Senior District Judge and Magistrate Judge as this habeas case. Finally, all future pleadings related to the severed civil rights matter should be filed in the new case. (Originally filed as doc # 33 in case 3:21-cv-2926-C-BT) (Ordered by Senior Judge Sam R Cummings on 2/27/2023) (ykp)
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| Filing 2 Notice and Instruction to Pro Se Party (ykp) |
| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Rutherford (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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (ykp) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3. Mon Feb 27 16:44:08 CST 2023 (crt) |
| Filing 4 COMPLAINT against Director, TDCJ-CID filed by Larry B Johnson. 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 filed as doc # 29 in case 3:21-cv-2926-C-BT) (ykp) |
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| Plaintiff: Larry B Johnson | |
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| Defendant: Director, TDCJ-CID | |
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