Manning v. Kaufman Constables Office et al
| Kevin James Manning |
| Kaufman Constables Office, Calloway County Sheriff's Office, Medical City Mental Health, Hickory Trail Short Term Mental Health, Chief of Police, Mental Health Department Kaufman, Monroe County Sheriffs Office and Lancaster Police Department |
| 3:2023cv02064 |
| September 14, 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. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 30, 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:27. Mon Oct 30 08:42:16 CDT 2023 (crt) |
Filing 15
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Manning's claims against the Calloway and Monroe County Sheriffs Office should be DISMISSED WITHOUT PREJUDICE because venue is improperly laid in this district, see 28 U.S.C. 1406(a), and his remaining claims should be summarily DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim, see 28 U.S.C. 1915(e) (2)(B) and 28 U.S.C. 1915A(b). In addition, Manning should be WARNED that if he persists in filing frivolous or baseless actions, the Court may impose monetary sanctions and bar him from filing any future lawsuits (with or without payment of the filing fees), unless he first obtains the permission of the Court to do so. See Fed. R. Civ. P. 11(b)(2) and (c)(1); 28 U.S.C. 1915(g). (Ordered by Magistrate Judge Renee Harris Toliver on 10/27/2023) (mcrd)
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Filing 14
ORDER granting #12 Motion 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 note: TDCJ Inmate Trust Office has been electronically notified of this order.) (Ordered by Magistrate Judge Renee Harris Toliver on 10/13/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Fri Oct 13 09:37:16 CDT 2023 (crt) |
| Filing 13 (AMENDED) COMPLAINT against Calloway County Sheriff's Office, Chief of Police, Lancaster Police Department, Medical City Mental Health, Mental Health Department Kaufman, Monroe County Sheriffs Office filed by Kevin James Manning. 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) |
| Filing 12 MOTION for Leave to Proceed in forma pauperis with Brief/Memorandum in Support and certificate of trust account filed by Kevin James Manning. (kaf) Modified on 10/13/2023 (chmb). |
| Filing 11 NOTICE of Statement filed by Kevin James Manning. (kaf) |
| Filing 10 NOTICE of Statement filed by Kevin James Manning. (kaf) |
| Filing 9 Mail returned as undeliverable. #6 Notice and Instruction to Pro Se Party, #5 Notice of Right to Consent received back from Kevin James Manning as refused; unable to forward. Address not updated from last filed document, the current document has not been re-mailed. (cfk) Modified on 9/27/2023 (cfk). |
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Filing 8
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff Kevin James Manning 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 19, 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 form necessary to comply with this order is available in the law library of the prison unit in which Plaintiff is confined. (Ordered by Magistrate Judge Renee Harris Toliver on 9/20/2023) (chmb)
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Filing 7
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 9/20/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7, 8. Wed Sep 20 16:07:06 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Mon Sep 18 14:31:43 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Mon Sep 18 10:49:24 CDT 2023 (crt) |
| Filing 4 Case electronically transferred in from District of Texas Southern; Case Number 4:23-cv-03361. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. NEF of document #4 Fri Sep 15 11:38:09 CDT 2023 (crt) |
| Filing 6 Notice and Instruction to Pro Se Party. (cfk) |
| Filing 5 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. (cfk) |
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Filing 3
ORDER TO TRANSFER CASE to USDC ND/TX-Dallas (Signed by Judge George C Hanks, Jr) Parties notified.(GabrielleLyons, 4) [Transferred from Texas Southern on 9/15/2023.]
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| Interdistrict transfer to USDC ND/TX-Dallas. Case transferred electronically. Case terminated on 9/14/23., filed. (GabrielleLyons, 4) [Transferred from Texas Southern on 9/15/2023.] |
| Filing 2 NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (BeverlyGoolsby, 4) [Transferred from Texas Southern on 9/15/2023.] |
| Filing 1 Prisoner Civil Rights COMPLAINT against All Defendants (Filing fee $ 402) filed by Kevin James Manning.(BeverlyGoolsby, 4) [Transferred from Texas Southern on 9/15/2023.] |
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