Duncan v. Richardson Police Department et al
| James Duncan and James Daniel Duncan |
| Richardson Police Department |
| 3:2025cv02106 |
| August 5, 2025 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Renee Harris Toliver |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 18, 2025. A more recent docket listing may be available from PACER.
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| Filing 11 Mail returned as undeliverable. #8 Order on Findings and Recommendations on Case, #9 Judgment received back from James Duncan as Not in Dallas County-Return to Sender- Not Deliverable as Addressed-Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (ykp) |
| Filing 10 Mail returned as undeliverable. #7 Findings and Recommendations received back from James Duncan as Return to Sender - Not In Dallas County Jail. No address update from last filed document. The current document has not been re-mailed. (knb) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8, 9. Fri Nov 7 12:22:26 CST 2025 (crt) |
Filing 9
JUDGMENT - The court has entered its Order Accepting the Findings, Conclusions, and Recommendation of the United States Magistrate Judge in this case. It is therefore ORDERED, ADJUDGED AND DECREED that this action is DISMISSED WITHOUT PREJUDICE for failure to comply with a court order and for lack of prosecution. See FED. R. CIV. P. 41(b) (an involuntary dismissal "operates as an adjudication on the merits" unless otherwise specified). (Ordered by Judge Ed Kinkeade on 11/6/2025) (chmb)
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Filing 8
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge Ed Kinkeade on 11/6/2025) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Tue Oct 21 08:27:15 CDT 2025 (crt) |
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Filing 7
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: This action should be DISMISSED WITHOUT PREJUDICE for failure to comply with a court order and for lack of prosecution. (Ordered by Magistrate Judge Renee Harris Toliver on 10/20/2025) (kcr)
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Filing 6
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff James Duncan must address the following deficiency: The construed complaint against the Richardson Police Department was not filed on the civil rights complaint form. Nor did Plaintiff pay filing and administrative fees of $405.00 or file a request to proceed in forma pauperis along with a certified statement of the balance in his/her inmate trust account. See 28 U.S.C. 1915(a)(2); 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, to the extent Plaintiff seeks to proceed with a new civil action, he is ORDERED to (1) file a civil rights complaint on the court-approved form and (2) pay the $405.00 filing fee or file an application to proceed in forma pauperis with the required certificate of inmate trust account, by October 3, 2025. See Complaint form at page 2, paragraph 3 for filing fee information under the Prison Litigation Reform Act. If Plaintiff did not intend to file a lawsuit at this time, he may file a "Notice of Dismissal" and the case will be closed without the assessment of a filing fee. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE DISMISSAL OF THIS ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(b).The Clerk of the Court is directed to provide to Plaintiff, with service of this Order, a prisoner civil rights complaint form (labeled "amended" and reflecting this case number) and a prisoner motion to proceed in forma pauperis. Any amended complaint will supersede (take the place of) the previous filing. Consequently, Plaintiff must state all claims and list all defendants in any amended complaint filed. No process will issue except upon order of the Court. (Ordered by Magistrate Judge Renee Harris Toliver on 9/5/2025) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. 1983 Amended Prisoner Form and Prisoner IFP Fri Sep 5 15:14:21 CDT 2025 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of Document #5 Fri Sep 5 10:18:34 CDT 2025 (crt) |
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Filing 5
ELECTRONIC ORDER OF SEVERANCE. The Court liberally construes Plaintiff's pro se allegations to raise three civil rights claims that should be addressed in separate actions. Doc. #3 . Therefore, Plaintiff's claims against the Richardson Police Department for false arrest and for depriving him of his property (wheelchair, crutches, and medications) will continue under this cause number, 3:25-CV-2106-K-BK. All other defendants will be terminated from this action. Plaintiff's claims (1) against the Dallas County Jail and its nurses and doctors for denial of medical treatment for Hepatitis C and (2) against the Dallas County Jail and its correctional officers for denying an approved religious diet are severed into separate actions. The Clerk of the Court is directed to open the new civil rights actions for the severed matters under 42 U.S.C. 1983 (NOS code 550) and directly assign them, per Special Order 3-250, to the same judges as this case. In each of the new civil rights actions, the Clerk of the Court is directed to file a copy of the complaint and this order. The parties are notified that all future docketing related to the severed matters should be entered in the new cases. (Civil Cases 3:25-cv-2394-K (Nurses & Doctors) and 3:25-cv-2395-K (Correctional Officers) opened) (Ordered by Judge Ed Kinkeade on 9/4/2025) (chmb) Modified on 9/5/2025 (axm).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Thu Sep 4 15:29:31 CDT 2025 (crt) |
| Filing 4 Court Request for Recusal: Magistrate Judge David L. Horan recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Magistrate Judge Renee Harris Toliver for all further proceedings. Future filings should indicate the case number as: 3:25-cv-02106-K-BK. (cea) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Fri Aug 8 11:06:15 CDT 2025 (crt) |
| Filing 3 COMPLAINT against Dallas County Jail, Richardson Police Department filed by James Duncan. 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. (ykp) |
| Filing 2 Notice and Instruction to Pro Se Party (ykp) |
| 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). 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (ykp) |
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