Armstrong et al v. Sheriff of Ellis County et al
| Christopher Armstrong, Richard Johnson, Lazaro Contreras, Christopher Coler and Wilver Rodriguez |
| Sheriff of Ellis County, Ellis County Sheriff Office, Ellis County District Court and John M Perkins, III |
| 3:2024cv00155 |
| January 17, 2024 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| 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 June 5, 2024. 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:10,11. Thu Feb 29 11:36:07 CST 2024 (crt)
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Filing 11
JUDGMENT - Plaintiffs' claims for federal intervention in their pending state criminal caserelating to speedy trial violations by Defendant Ellis County District Courtare DISMISSED WITHOUT PREJUDICE as barred by the Younger abstention doctrine. Further, Plaintiffs' claims against Defendants Ellis County Sheriff's Office and Attorney John Perkins are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Pursuant to Fed. R. Civ. P. 54(b), the court expressly determines that there isnot just reason for delay and directs the Clerk of the Court to enter this as a final judgment.SO (Ordered by Judge Ed Kinkeade on 2/27/2024) (chmb)
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Filing 10
ORDER ACCEPTING 15 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge Ed Kinkeade on 2/27/2024) (chmb)
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Filing 8
Mail returned as undeliverable. 6 Order received back from Richard Johnson and Christopher Coler as Not in custody; return to sender. No address update from last filed document. The current document has not been re-mailed. (kcr)
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Filing 9
RESPONSE filed by Lazaro Contreras re: 6 Order. (kcr)
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Filing 7
Mail returned as undeliverable. #1 Judge Kinkeade, #2 Notice and Instruction to Pro Se Party received back from Christopher Coler as not in custody; unable to forward. No address update from last filed document. The current document has not been re-mailed. (kcr)
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Filing 6
ELECTRONIC ORDER: The undersigned has issued findings, conclusions, and a recommendation that several claims asserted by Plaintiffs be dismissed for lack of jurisdiction. If that recommendation is accepted by the presiding district judge, Plaintiffs' additional claims against the Ellis County Sheriff for alleged tampering with legal mail and denial of access to the law library will remain pending. Thus, said claims continue to undergo judicial screening. (Ordered by Magistrate Judge Renee Harris Toliver on 2/2/2024) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Fri Feb 2 15:19:44 CST 2024 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Fri Feb 2 08:43:14 CST 2024 (crt)
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Filing 5
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: #3 Complaint. Plaintiffs' claims for federal intervention in their pending state criminal case-relating to speedy trial violations by the Ellis County District Court-should be DISMISSED WITHOUT PREJUDICE as barred by the Younger abstention doctrine. Further, Plaintiffs' claims against the Ellis County Sheriff's Office and Defense Counsel John Perkins should be DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. (Ordered by Magistrate Judge Renee Harris Toliver on 2/1/2024) (cfk)
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Filing 4
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 1/31/2024) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Wed Jan 31 16:04:35 CST 2024 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Mon Jan 22 12:06:16 CST 2024 (crt)
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Filing 3
COMPLAINT against Ellis County District Court, Ellis County Sheriff Office, John M Perkins, III, Sheriff of Ellis County filed by Lazaro Contreras, Richard Johnson, Christopher Armstrong, Christopher Coler, Wilver Rodriguez. 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. (kcr)
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Filing 2
Notice and Instruction to Pro Se Party. (kcr)
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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. (kcr)
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