Lin v. Wray et al
| Ke-Wei Lin |
| Christopher Wray, DOJ, Chad Yarbrough, Joe Biden, AIT, Ellen DeGeneres, Steve Bannon, Ira Glass, Patrick Bet-David, Chris Chappell, Matt Gnaizda, Shelley Zhang, John Kiriakou and Stephen B Sellers |
| 3:2024cv00778 |
| April 1, 2024 |
| U.S. District Court for the Northern District of Texas |
| David C Godbey |
| Rebecca Rutherford |
| Civil Rights: Other Civil Rights |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
This docket was last retrieved on May 28, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| USCA Case Number 24-10420 in USCA5 for #14 Notice of Appeal filed by Ke-Wei Lin. (axm) |
| Filing 18 Request for Leave to File Transmitting Physical Exhibit filed by Ke-Wei Lin. (Lin, Ke-Wei) Modified event and text on 5/28/2024 (agc). |
| Filing 17 OBJECTION filed by Ke-Wei Lin re: 12 Order,,,, (Attachments: #1 Additional Page(s) Plain errors specified in the brief, #2 Additional Page(s) Excerpts of Records) (Lin, Ke-Wei) |
| Filing 16 Transcript Order Form: transcript not requested Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. (Lin, Ke-Wei) |
| Filing 15 MOTION for Leave to Proceed in forma pauperis on appeal re #14 Notice of Appeal filed by Ke-Wei Lin. (axm) |
| Filing 14 NOTICE OF INTERLOCUTORY APPEAL as to 12 Order to the Fifth Circuit by Ke-Wei Lin. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (axm) |
| Filing 13 ***DISREGARD - FILED IN ERROR*** Appellant's BRIEF by Ke-Wei Lin. (Lin, Ke-Wei) Modified per request of the filer on 5/23/2024 (cea). |
Filing 12
ELECTRONIC ORDER: Since the magistrate judge filed her recommendation that the plaintiff's case be dismissed without prejudice for lack of subject matter jurisdiction, the plaintiff has filed several documents, which are liberally construed as objections to the recommendation. Docs. 7-11. In one document [Doc. 9 at 2], the plaintiff requests more time to respond to the recommendation and to file documents in support of his opposition. Upon consideration, to the extent that the plaintiff seeks additional time to object, his request is GRANTED, and he must file objections and documents in support by May 9, 2024. The plaintiff also requests court-appointed counsel. [Doc. 9 at 3.] The Court DENIES the plaintiff's request for court-appointed counsel. The plaintiff has not shown that subject matter jurisdiction exists and has therefore not shown that the case presents exceptional circumstances warranting the appointment of counsel. See Ulmer v. Chancellor, 691 F.2d 209, 213 (5th Cir. 1982). In the event the District Judge declines to accept the recommendation to dismiss this action, the plaintiff may re-urge his motion. (Ordered by Magistrate Judge Rebecca Rutherford on 4/22/2024) (chmb)
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| Filing 11 NOTICE of Request for Admissions filed by Ke-Wei Lin. (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s), #4 Additional Page(s), #5 Additional Page(s), #6 Additional Page(s), #7 Additional Page(s), #8 Additional Page(s), #9 Additional Page(s), #10 Additional Page(s), #11 Additional Page(s), #12 Additional Page(s)) (ndt) |
| Filing 10 Exhibit List by Ke-Wei Lin. (flash drive filed in clerk's office) (ndt) |
| Filing 9 OBJECTION/RESPONSE to #7 Findings and Recommendations. (ndt) |
| Filing 8 AFFIDAVIT by Ke-Wei Lin. (ndt) (Additional attachment(s) added on 4/12/2024: #1 Additional Page(s)) (ndt). |
Filing 7
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: #3 Complaint. Lin's case should be dismissed without prejudice for lack of subject matter jurisdiction. (Ordered by Magistrate Judge Rebecca Rutherford on 4/10/2024) (kcr)
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| Filing 6 Court Request for Recusal: Magistrate Judge David L. Horan recused pursuant to Special Order 3-346. Magistrate Judge Rebecca Rutherford assigned for matters that may be referred in this case. Future filings should indicate the case number as: 3:24-cv-00778-N-BT. (ykp) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Tue Apr 2 15:30:40 CDT 2024 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Tue Apr 2 09:38:22 CDT 2024 (crt) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ke-Wei Lin. (Clerk QC note: No affiliate entered in ECF). (kcr) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Ke-Wei Lin. (kcr) |
| Filing 3 COMPLAINT against AIT, Steve Bannon, Patrick Bet-David, Joe Biden, Chris Chappell, DOJ, Ellen DeGeneres, Ira Glass, Matt Gnaizda, John Kiriakou, Stephen B Sellers, Christopher Wray, Chad Yarbrough, Shelley Zhang filed by Ke-Wei Lin. 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) |
| Filing 2 Notice and Instruction to Pro Se Party. (kcr) |
| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Case received over counter or electronically. 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (kcr) |
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