Thornton v. Dallas County Jail et al
| Shedrick Thornton |
| Dallas County Jail, Dallas Co Dist Attorneys Office and Tina Y Clinton |
| 3:2023cv01945 |
| August 29, 2023 |
| US District Court for the Northern District of Texas |
| Sidney A Fitzwater |
| Renee Harris Toliver |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:15, 16, 17 remailed to Bradshaw Unit. Thu Oct 19 16:07:05 CDT 2023 (crt) Modified on 10/20/2023 (kaf). |
| Filing 23 Mail returned as undeliverable. 15 Order And Notice of Deficiency, received back from Shedrick Thorton as Not in Dallas Jail. Address updated from last filed document, #22 . New address: TDCJ Bradshaw Unit PO Box 9000 Henderson, TX 75653-9000 PRO SE. The current document has been re-mailed. (kaf) |
| Filing 22 NOTICE of Change of Address for Pro Se litigant Shedrick Thornton. New address: Bradshaw State Jail Unit PO Box 9000, Henderson, TX 75653. (cfk) (Main Document 22 replaced to upload correct document on 10/16/2023) (cfk). |
| Filing 21 Mail returned as undeliverable. #14 Order on Motion for Leave to Proceed in Forma Pauperis, received back from Shedrick Thornton as not in Dallas County. Address updated from last filed document, #18 . New address: Beto Unit 1391 FM 3328 Tennessee Colony, TX 75880. The current document was re-mailed on 9/26/2023. (cfk) Modified text on 10/4/2023 (axm). |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Mon Oct 2 09:54:40 CDT 2023 (crt) |
Filing 20
AMENDED FILING FEE ORDER: Plaintiff is ORDERED to pay $350.00, the balance of the filing fee, in monthly installments as provided in 28 U.S.C. 1915(b)(2). The agency having custody of Plaintiff shall deduct 20% of each deposit made to Plaintiff's inmate trust account or institutional equivalent and forward payments to the Court on a regular basis until the entire filing fee is paid, provided the account exceeds $10.00. (Clerk note: TDCJ Inmate Trust Office has been electronically notified of this order.) (Ordered by Magistrate Judge Renee Harris Toliver on 9/29/2023) (sxf)
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| Filing 19 AMENDED COMPLAINT against Dallas County Jail filed by Shedrick Thornton. 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. (kaf) . |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:14,15,16,17. Tue Sep 26 09:50:07 CDT 2023 (crt) |
| Filing 18 NOTICE of Change of Address for Pro Se litigant Shedrick Thornton. New address: Beto Unit 1391 FM 3328 Tennessee Colony, TX 75880. (kaf) |
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Filing 17
ELECTRONIC ORDER: Plaintiff's motions to appoint counsel and to compel discovery (Doc. #10 & #11 ) are DENIED WITHOUT PREJUDICE as premature pending completion of the Court's screening process. See Electronic Notice of Judicial Screening and Standing Order, Doc. 6. (Ordered by Magistrate Judge Renee Harris Toliver on 9/22/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:17. Fri Sep 22 15:32:16 CDT 2023 (crt) |
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Filing 16
ELECTRONIC ORDER: Plaintiff's motion for Leave to Amend the complaint is DENIED WITHOUT PREJUDICE to refiling. Doc. #9 . Plaintiff's motion for leave fails to meet the requirements of this Court's local rules, in that it is not accompanied by Plaintiff's proposed amended complaint. See Local Rule 15.1.Because any amended complaint will supersede (take the place of) Plaintiff's previous filing), an amended complaint must include all parties and all claims Plaintiff intends to raise. See Clark v. Tarrant Cnty., 798 F.2d 736, 740 (5th Cir. 1986); Boelens v. Redman Homes, Inc., 759 F.2d 504, 508 (5th Cir. 1985). 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). (Ordered by Magistrate Judge Renee Harris Toliver on 9/20/2023) (chmb)
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Filing 15
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY: It has come to the Court's attention that Plaintiff Shedrick Thornton is no longer confined at the Dallas County Jail and has failed to inform the Court of his current address. The Court previously notified Plaintiff of the requirement to apprise the Court of any change of address or his case may be dismissed. See Electronic Notice of Judicial Screening and Standing Order, Doc. 6. In light of the foregoing, Plaintiff is ORDERED to file a notice of address change by October 4, 2023. or this case will be dismissed for want of prosecution under Rule 41(b) of the Federal Rules of Civil Procedure without further notice. (Ordered by Magistrate Judge Renee Harris Toliver on 9/20/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Wed Sep 20 16:30:53 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:14. mailed to Inmate Trust Fund Department Wed Sep 13 10:16:20 CDT 2023 (crt) |
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Filing 14
ORDER granting #8 Motion for Leave to Proceed In Forma Pauperis and for collection and payment of full filing fee. Plaintiff shall pay $350.00 in monthly installments as mandated by the PLRA. No process will issue pending completion of screening. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. (Ordered by Magistrate Judge Renee Harris Toliver on 9/12/2023) (chmb)
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| Filing 13 NOTICE of Suit Against State filed by Shedrick Thornton. (agc) |
| Filing 12 NOTICE of Suit Against Dallas County filed by Shedrick Thornton. (agc) |
| Filing 11 MOTION to Compel filed by Shedrick Thornton. (agc) |
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Filing 7
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff Shedrick Thornton must address the following deficiency: The complaint was filed with neither the filing fee nor a request to proceed in forma pauperis. 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). Therefore, Plaintiff is ORDERED to pay the required filing and administrative fees of $402.00 or file an application to proceed in forma pauperis on the court-approved form, with the required certificate of inmate trust account, by October 5, 2023. See Complaint form at page 2, paragraph 3 for filing fee information under the Prison Litigation Reform Act. 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 form motion to proceed in forma pauperis. No process will issue except upon order of the Court. (Ordered by Magistrate Judge Renee Harris Toliver on 9/7/2023) (chmb)
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Filing 6
ELECTRONIC NOTICE OF JUDICIAL SCREENING AND STANDING ORDER. Judicial screening of this case is pending. See 28 U.S.C. 1915(e)(2); 28 U.S.C. 1915A(a). It is therefore ORDERED that (1) service of process shall be withheld pending completion of judicial screening, (2) no motions for appointment of counsel shall be filed until the Court has completed the screening process, (3) all discovery in this case is stayed until the Court enters a scheduling order, (4) no amendments or supplements to the complaint shall be filed without prior Court approval, and (5) any motion to amend the complaint must be accompanied by a complete proposed amended complaint on the required form. It is further ORDERED that Plaintiff must promptly notify the Court in writing of any change of address by filing a written Notice of Change of Address with the Clerk of the Court. Failure to provide updated address information may result in the dismissal of the case for failure to prosecute or follow court order under Fed. R. Civ. 41(b). (Ordered by Magistrate Judge Renee Harris Toliver on 9/7/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6, 7. Thu Sep 7 14:52:54 CDT 2023 (crt) |
| Filing 10 MOTION to Appoint Counsel filed by Shedrick Thornton. (axm) |
| Filing 9 MOTION to Amend filed by Shedrick Thornton. (axm) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis filed by Shedrick Thornton. (axm) |
| Filing 5 Brief/Memorandum in Support filed by Shedrick Thornton re #3 Complaint. (axm) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Thu Aug 31 09:36:34 CDT 2023 (crt) |
| Filing 4 ADDITIONAL ATTACHMENTS to #3 Complaint by Plaintiff Shedrick Thornton. (cfk) |
| Filing 3 COMPLAINT against Tina Y Clinton, Dallas Co Dist Attorneys Office, Dallas County Jail filed by Shedrick Thornton. 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. (cfk) |
| Filing 2 Notice and Instruction to Pro Se Party. (cfk) |
| Filing 1 New Case Notes: A filing fee has not been paid. SCREEN 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (cfk) |
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