Smith v. Garland Police Department et al
| MarKayla Smith |
| City of Garland |
| 3:2025cv00949 |
| April 16, 2025 |
| U.S. District Court for the Northern District of Texas |
| Jane J Boyle |
| Brian McKay |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. § 1981 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 29, 2026. A more recent docket listing may be available from PACER.
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| Filing 27 RESPONSE filed by MarKayla Smith re: #26 MOTION to Dismiss (Attachments: #1 Affidavit(s) Affidavit of Service, #2 Exhibit(s) Internal Affairs Letter, #3 Exhibit(s) Motion to Dismiss, #4 Exhibit(s) Continuation of MTD, #5 Exhibit(s) Issued Summons, #6 Exhibit(s) Summons Request, #7 Exhibit(s) Process Server Interference) (Smith, MarKayla) |
| Filing 26 MOTION to Dismiss filed by City of Garland with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Exhibit A)Attorney Kurt C Banowsky added to party City of Garland(pty:dft) (Banowsky, Kurt) |
| Filing 25 CERTIFICATE OF SERVICE filed by MarKayla Smith (Smith, MarKayla) Modified event text on 7/2/2025 (kcr). |
| Filing 24 SUMMONS Returned Executed as to City of Garland; served on 6/27/2025. (Smith, MarKayla) |
Filing 23
ORDER: The Court reminds Plaintiff that she has until 8/26/2025, to file either a valid waiver of service or proof of valid service. If she fails to do so, this case may be dismissed for failure to serve Defendant under Fed. R. Civ. P. 4(m) or for failure to prosecute or follow court orders under Fed. R. Civ. P. 41(b). (Ordered by US Magistrate Judge Brian McKay on 6/23/2025) (ykp)
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Filing 22
ORDER granting #21 Motion for Clarification on Judicial Assignment. See order for details. (Ordered by US Magistrate Judge Brian McKay on 6/18/2025) (mcrd)
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| Filing 21 MOTION for Clarification on Judicial Assignment filed by MarKayla Smith with Brief/Memorandum in Support. (Smith, MarKayla) |
| Filing 20 NOTICE OF SERVICE filed by MarKayla Smith (Attachments: #1 Exhibit(s) USPS Certified Mail Delivery Confirmation)<(Attachments: #1 Exhibit(s) USPS Certified Mail Delivery Confirmation) (Smith, MarKayla) Modified event text on 6/18/2025 (kcr). |
| Filing 19 Proof of Service of Summons filed by MarKayla Smith (Attachments: #1 Exhibit(s) Confirmation of Summons Delivery) (Smith, MarKayla) |
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Filing 18
ORDER denying #13 Motion for Finding Fraud Upon the Court and Request for Sanctions filed by MarKayla Smith. Plaintiff has until August 26, 2025 to file proof of service in compliance with Fed. R. Civ. P. 4. See Fed. R. Civ. P. 4(m). The record will reflect that Defendant has not been validly served with a summons and copy of the complaint. (Ordered by US Magistrate Judge Brian McKay on 6/12/2025) (mcrd)
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| Filing 17 SUMMONS Returned Executed as to City of Garland ; served on 6/11/2025. (Attachments: #1 Exhibit(s) USPS Tracking Confirmation) (Smith, MarKayla) |
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Filing 16
STANDING ORDER OF REFERENCE to US Magistrate Judge Brian McKay: This case is hereby referred to United States Magistrate Judge Brian McKay for pretrial management. (Ordered by Judge Jane J Boyle on 6/6/2025) (kcr)
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Filing 15
Order: Plaintiff MarKayla Smith has paid the $405.00 filing fee for a civil action and requested the Clerk of the Court to issue summons in this case; summons was issued on June 2, 2025. (See Receipt No. 300017951; Dkt. Nos. 12, 14.) Based on these circumstances, the Clerk of the Court is directed to terminate the referral of this action to the Magistrate Judge and to return the case to the District Judge for further action. (Ordered by US Magistrate Judge Brian McKay on 6/4/2025) (cea)
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| Filing 14 Summons Issued as to City of Garland, Garland Detention Facility, Garland Police Department, John Does (1-5). (kcr) |
| Filing 13 MOTION Finding Fraud Upon the Court and Request for Sanctions filed by MarKayla Smith (Attachments: #1 Exhibit(s) USPS Tracking Showing 5/2 Delivery, #2 Exhibit(s) Return Slip with Altered Date 5/5) (Smith, MarKayla) |
| Filing 12 Request for Clerk to Issue of Summons filed by MarKayla Smith (Smith, MarKayla) Modified event type on 6/2/2025 (kcr). |
| Filing 11 NOTICE of Altered Certified Mail Return Receipt filed by MarKayla Smith (Attachments: #1 Exhibit(s) Exhibit B-1: USPS Tracking Showing 5/2 Delivery, #2 Exhibit(s) Exhibit B-2: Return Slip with Altered Date 5/5) (Smith, MarKayla) |
| Filing 10 ELECTRONIC ORDER terminating #9 Motion for Leave to Proceed In Forma Pauperis. On May 12, 2025, Plaintiff electronically filed a letter stating that she wished to withdraw her application to proceed in forma pauperis ("IFP") and to instead pay the filing fee in this case. [Dkt. No. 12.] Based on Plaintiff's letter, the Court terminated the application to proceed IFP that Plaintiff submitted with the complaint in this action. [See Dkt. Nos. 4, 8.] Subsequent to entry of the Court's order, the clerk docketed an Application to Proceed in District Court without Prepaying Fees or Costs (Long Form) that Plaintiff completed and mailed on May 6 and that the clerk received on May 12. [Dkt. No. 9 at 1, 7.] The Court perceives that Plaintiff's May 12 withdrawal of her request to proceed IFP encompasses this motion that was previously submitted by mail prior to her withdrawal. (Ordered by US Magistrate Judge Brian McKay on 5/13/2025) |
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Filing 8
ORDER terminating #4 Motion for Leave to Proceed In Forma Pauperis. No later than June 3, 2025, Plaintiff shall pay the $405 filing fee and request that the District Clerk issue summons for the City of Garland. (Ordered by US Magistrate Judge Brian McKay on 5/13/2025) (ndt)
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| Filing 9 MOTION for Leave to Proceed in forma pauperis filed by MarKayla Smith. (knb) |
| Filing 7 NOTICE of Withdrawal of In Forma Pauperis Application and Intent to Pay Filing Fee filed by MarKayla Smith (Smith, MarKayla) |
| Filing 6 AMENDED COMPLAINT against the City of Garland filed by MarKayla Smith. 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. (agc) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Tue Apr 29 09:20:12 CDT 2025 (crt) |
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Filing 5
Order, Notice of Deficiency and Instructions to Plaintiff re: #4 Motion for Leave to Proceed in forma pauperis. The application does not provide enough information for the Court to decide whether in forma pauperis status is appropriate in this case. Accordingly, Smith must submit a fully completed and signed Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) within 14 days of the date of this order. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Service of process shall be withheld pending completion of judicial screening. No amendments or supplements to the complaint will be permitted without prior approval from the Court. All discovery in this case is stayed until the Court enters a scheduling order. Smith shall register for electronic filing through this Court's electronic filing system (CM/ECF), as required by Local Civil Rule 5.1(f), by 5/12/2025. (Ordered by US Magistrate Judge Brian McKay on 4/28/2025) (axm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Thu Apr 17 09:28:13 CDT 2025 (crt) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by MarKayla Smith. (ndt) |
| Filing 3 COMPLAINT WITH JURY DEMAND against Garland Detention Facility, Garland Police Department, John Does (1-5) filed by MarKayla Smith. 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. (ndt) |
| Filing 2 Notice and Instruction to Pro Se Party. (ndt) |
| Filing 1 New Case Notes: A filing fee has not been paid. SCREEN case referral set and case referred to Magistrate Judge McKay (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 McKay). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
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| Plaintiff: MarKayla Smith | |
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| Defendant: City of Garland | |
| Represented By: | Shawn Lee Roten |
| Represented By: | Scott D Levine |
| Represented By: | Kurt C Banowsky |
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