Perez-Merino v. Dallas County et al
| Arlene Perez-Merino |
| Ryan McCarit, Michele Andre, Eduardo Garcia, Russel Stephens, Anthony Greer, Joseph S Kennard, Emanuel Paulos, Darius Edberson, Stephen Hoyer, Stephanie McGee, Alheli Garza, Nicholas Morris, John Creuzot, Massail Sherwin, Dashad Young, Dallas County, Amy Gossett, Christopher Ray Clark, Siara Montoya Obasuyi, Jerry Varney, Eric Johnson, Mario X Garcia, Ryan Searcey, Nancy Jones, The Family Place, Alyeah Miranda, Tiffany A Tate-McDaniel, Tammy Jones, Irene Alanis, Randall W Elmore, Krista Varney and Tracey A Dreighton |
| 3:2024cv03027 |
| December 3, 2024 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Renee Harris Toliver |
| Civil Rights: Other Civil Rights |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 11, 2025. A more recent docket listing may be available from PACER.
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Filing 12
ELECTRONIC ORDER terminating as moot #8 motion to proceed in forma pauperis and #9 motion to appoint counsel in light of the recommendation of the Magistrate Judge that this case be dismissed. In the event the District Judge declines to accept the recommendation of the Magistrate Judge to dismiss this action, Plaintiff may re-urge the motions. (Ordered by Magistrate Judge Renee Harris Toliver on 1/28/2025) (chmb)
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| Filing 13 MOTION for Reconsideration re #11 Findings and Recommendations on Case re: #2 Complaint filed by Arlene Perez-Merino. (Attachments: #1 Exhibit(s)) (ykp) |
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Filing 11
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: For all these reasons, Merinos action should be DISMISSED WITH PREJUDICE for failure to state a claim. 28 U.S.C. 1915(e)(2)(B). (Ordered by Magistrate Judge Renee Harris Toliver on 1/27/2025) (kaf)
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Filing 10
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 1/17/2025) (chmb)
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| Filing 9 MOTION to Appoint Pro Bono Counsel filed by Arlene Perez-Merino. (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s)) (kcr) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis filed by Arlene Perez-Merino. (kcr) |
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Filing 7
ELECTRONIC ORDER: In her motion to proceed in forma pauperis, Plaintiff also seeks access to PACER. Doc. #3 . Insofar as Plaintiff requests to be exempted from PACER fees, Plaintiff should file a motion for exemption from the Judicial Conference's Electronic Public Access fees. (Ordered by Magistrate Judge Renee Harris Toliver on 12/10/2024) (chmb)
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Filing 6
ELECTRONIC NOTICE OF DEFICIENCY AND ORDER: Plaintiff Arlene Perez-Merino must address the following deficiency: The motion to proceed in forma pauperis, Doc. #3 , does not contain sufficient information for the Court to determine its merits and should be resubmitted on the AO 239 form. See Misc. Ord. 15 (requiring a party desiring to proceed without prepaying fees and costs to file a motion on the AO 239 form (Long Form)). Therefore, Plaintiff is ORDERED to file a motion for leave to proceed in forma pauperis on the AO 239 form by December 27, 2024. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS CASE FOR WANT OF PROSECUTION UNDER FEDERAL RULE OF CIVIL PROCEDURE 41(b). The AO 239 form motion to proceed in forma pauperis is available online at https://www.txnd.uscourts.gov/forms/pro-se. No process will issue except upon order of the Court. (Ordered by Magistrate Judge Renee Harris Toliver on 12/6/2024) (chmb)
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Filing 5
ELECTRONIC Order : Plaintiff filed a pro se complaint under seal. The public has a common law right to inspect and copy judicial records and, when considering whether an action should be sealed, the Court "must balance the public's common law right of access against the interests favoring nondisclosure." S.E.C. v. Van Waeyenberghe, 990 F.2d 845, 848 (5th Cir. 1993) (citing Nixon v. Warner Communications, Inc., 435 U.S. 589, 597 (1978)). See also United States v. Holy Land Found. for Relief and Dev., 624 F.3d 685, 690 (5th Cir. 2010) (noting a strong presumption that all trial proceedings should be subject to scrutiny by the public). In this instance, Plaintiff has not identified anything in her complaint warranting such an extraordinary step as sealing. She also informed the clerk's office that she wrote "sealed" on the complaint based on a misunderstanding. Therefore, the Court orders that this case be UNSEALED. (Ordered by Magistrate Judge Renee Harris Toliver on 12/6/2024) (chmb) Modified on 12/6/2024 (chmb).
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| Filing 4 Notice and Instruction to Pro Se Party. (axm) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Arlene Perez-Merino. (axm) |
| Filing 2 COMPLAINT WITH JURY DEMAND/Motion for Negligence and Gross Negligence, Violation of Civil Rights Request for Redress and Expedited Hearing Claim against Irene Alanis, Michele Andre, Christopher Ray Clark, John Creuzot, Dallas County, Tracey A Dreighton, Darius Edberson, Randall W Elmore, Eduardo Garcia, Mario X Garcia, Alheli Garza, Amy Gossett, Anthony Greer, Stephen Hoyer, Eric Johnson, Nancy Jones, Tammy Jones, Joseph S Kennard, Ryan McCarit, Stephanie McGee, Alyeah Miranda, Nicholas Morris, Siara Montoya Obasuyi, Emanuel Paulos, Ryan Searcey, Massail Sherwin, Russel Stephens, Tiffany A Tate-McDaniel, The Family Place, Jerry Varney, Krista Varney, Dashad Young filed by Arlene Perez-Merino. 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. (axm) |
| 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). 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (axm) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 4. Tue Dec 3 17:36:12 CST 2024 (crt) |
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