Powell v. Cantera et al
| Robin Powell |
| Marcus Cantera, Giovanni D Morgan, Kasey C Hodgson, Colton S Spinks and Tyler A Oakley |
| 3:2026cv00035 |
| January 7, 2026 |
| U.S. District Court for the Northern District of Texas |
| Sam A Lindsay |
| Renee Harris Toliver |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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| Filing 30 REPLY filed by Kasey C Hodgson, Giovanni D Morgan, Tyler A Oakley, Colton S Spinks re: #24 MOTION to Dismiss First Amended Complaint (Jeffrey, Scott) |
| Filing 29 RESPONSE filed by Robin Powell re: #24 MOTION to Dismiss First Amended Complaint (Grable, Brandon) |
Filing 28
ELECTRONIC ORDER: Pursuant to the district judge's order of reference, Doc. #3 , this cause is before the undersigned for findings and a recommendation on Defendants Officer Giovanni Morgan, Officer Kasey Hodgson, Sergeant Tyler Oakley, and Sergeant Colton Spinks' Motion to Dismiss Plaintiff's First Amended Complaint, Doc. #24 , which was filed on April 22, 2026. Plaintiff, who is represented by counsel, was required to file a response, if he opposed the relief requested, by May 13, 2026, but did not do so. See N.D. Tex. Loc. Civ. R. 7.1(e) (establishing 21-day deadline for filing a response to a motion). Due to Plaintiff's failure to respond, he risks dismissal of his claims pursuant to Defendants' motion and/or for failure to prosecute. See Fed. R. Civ. P. 41(b); see also McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988) (noting that a district court has the inherent authority to dismiss an action sua sponte without motion by a defendant). Accordingly, Plaintiff is ORDERED to respond to Defendants' motion no later than June 5, 2026, if he opposes dismissal of those claims. (Ordered by Magistrate Judge Rene Harris Toliver on 5/22/2026) (chmb)
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Filing 27
ELECTRONIC ORDER: This civil action is referred to the undersigned magistrate judge for pretrial management. Doc. #3 .Upon review of the pleadings and in an effort to ensure a just and inexpensive determination of the issues, the Court finds good cause to delay the entry of a scheduling order in this case, pending the determination of Defendants' motions to dismiss, Docs. #22 & #24 . See Fed. R. Civ. P. 1; Fed. R. Civ. P. 16(b)(2). (Ordered by Magistrate Judge Rene Harris Toliver on 5/14/2026) (Magistrate Judge Rene Harris Toliver)
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| Filing 26 REPLY filed by Marcus Cantera re: #22 Motion to Dismiss for Failure to State a Claim (East, Kenneth) Modified filers per phone call with attorney on 4/23/2026 (mmw). |
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Filing 25
ELECTRONIC ORDER: Upon review, Defendant Marcus Cantera's Motion to Dismiss (Alternatively to Compel a Rule 7(a) Reply), Doc. #17 , and Defendants Officers Giovanni Morgan, Kasey Hodgson, Tyler Oakley and Colton Spinks' Motion & Brief to Dismiss or Alternatively to Require an Immunity Reply and Motion to Stay, Doc. #19 , are TERMINATED AS MOOT in light of Plaintiff's First Amended Complaint, Doc. #21 . To the extent Defendants' superseding Motion to Dismiss, Doc. 24, renews their request for a stay of discovery, that request is DENIED AS PREMATURE, as no scheduling order has been issued and discovery has not yet commenced. The Court will address Defendants' assertion of qualified immunity before entering a scheduling order. See FED. R. CIV. P. 16(b)(2) (setting time constraints on the issuance of a scheduling order unless the judge finds good cause for delay). (Ordered by Magistrate Judge Rene Harris Toliver on 4/23/2026) (chmb)
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| Filing 24 MOTION to Dismiss First Amended Complaint filed by Kasey C Hodgson, Giovanni D Morgan, Tyler A Oakley, Colton S Spinks with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Granting Defendants' Motion to Dismiss) (Jeffrey, Scott) |
| Filing 23 RESPONSE filed by Robin Powell re: #17 Motion to Dismiss for Failure to State a Claim, #22 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Affidavit(s) Affidavit of Due Diligence) (Grable, Brandon) |
| Filing 22 Motion to Dismiss for Failure to State a Claim filed by Marcus Cantera with Brief/Memorandum in Support. (East, Kenneth) |
| Filing 21 AMENDED COMPLAINT WITH JURY DEMAND Plaintiffs First Amended Complaint against All Defendants filed by Robin Powell. 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. (Grable, Brandon) |
| Filing 20 ANSWER to #1 Complaint with Jury Demand filed by Kasey C Hodgson, Giovanni D Morgan, Tyler A Oakley, Colton S Spinks. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Jeffrey, James) |
| Filing 19 MOTION to Dismiss and Alternatively to Require 7a Reply and Motion to Stay filed by Kasey C Hodgson, Giovanni D Morgan, Tyler A Oakley, Colton S Spinks with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Granting MTD) (Jeffrey, James) |
| Filing 18 ANSWER to #1 Complaint,,,,, with Jury Demand filed by Marcus Cantera. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (East, Kenneth) |
| Filing 17 Motion to Dismiss for Failure to State a Claim filed by Marcus Cantera with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (East, Kenneth) |
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Filing 16
ELECTRONIC ORDER: Before the Court is Defendant Cantera's Unopposed Motion to Extend Responsive Pleading Deadline, Doc. #14 . The motion is GRANTED. Accordingly, Defendant Cantera shall file an answer or otherwise respond to Plaintiff's Complaint, Doc. #1 , no later than March 23, 2026. (Ordered by Magistrate Judge Rene Harris Toliver on 2/19/2026) (chmb)
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| Filing 15 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Marcus Cantera. (Clerk QC note: No affiliate entered in ECF). (East, Kenneth) |
| Filing 14 Unopposed Motion for Extension of Time to File Answer filed by Marcus Cantera with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Kenneth E East added to party Marcus Cantera(pty:dft) (East, Kenneth) |
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Filing 13
ELECTRONIC ORDER: Upon review, Defendants' Unopposed Motion for Extension of Time for Defendants Giovanni Morgan, Kasey Hodgson, Tyler Oakley and Colton Spinks Responses to Plaintiff's Complaint, Doc. #12 , is GRANTED. Accordingly, Defendants Morgan, Hodgson, Oakley, and Spinks shall file their answer or otherwise respond to Plaintiff's Complaint, Doc. #1 , no later than March 23, 2026.. (Ordered by Magistrate Judge Rene Harris Toliver on 2/18/2026) (chmb)
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| Filing 12 Unopposed MOTION for Extension of Time to File Response to #1 Complaint filed by Kasey C Hodgson, Giovanni D Morgan, Tyler A Oakley, Colton S Spinks (Attachments: #1 Proposed Order Grant Motion for Extension of Time) (Jeffrey, James) Modified text on 2/18/2026 (kxm). |
| Filing 11 NOTICE of Attorney Appearance by Scott Kidd Jeffrey on behalf of Kasey C Hodgson, Giovanni D Morgan, Tyler A Oakley, Colton S Spinks. (Filer confirms contact info in ECF is current.) (Jeffrey, Scott) |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kasey C Hodgson, Giovanni D Morgan, Tyler A Oakley, Colton S Spinks. (Clerk QC note: No affiliate entered in ECF). (Jeffrey, James) |
| Filing 9 NOTICE of Attorney Appearance by James T Jeffrey, Jr on behalf of Kasey C Hodgson, Giovanni D Morgan, Tyler A Oakley, Colton S Spinks. (Filer confirms contact info in ECF is current.) (Jeffrey, James) |
| Filing 8 SUMMONS Returned Executed as to Marcus Cantera; served on 2/5/2026; Kasey C Hodgson; served on 2/2/2026; Giovanni D Morgan; served on 2/3/2026; Tyler A Oakley; served on 2/4/2026; Colton S Spinks; served on 2/3/2026. (Grable, Brandon) Modified text on 2/18/2026 (kxm). |
| Filing 7 Summons Issued as to Marcus Cantera, Kasey C Hodgson, Giovanni D Morgan, Tyler A Oakley, Colton S Spinks. (kaf) |
| Filing 6 Request for Clerk to issue Summons filed by Robin Powell. (Grable, Brandon) |
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Filing 5
ELECTRONIC ORDER: Upon consideration, Plaintiffs Motion for Leave to Appear Without Local Counsel, Doc. #4 , is GRANTED. Accordingly, Plaintiff is not required to retain local counsel as otherwise required by Local Rule 83.10(a), and attorney Brandon J. Grable is permitted to represent Plaintiff in this case. (Ordered by Magistrate Judge Rene Harris Toliver on 1/13/2026) (chmb)
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| Filing 4 MOTION for Leave to File Appear without Local Counsel filed by Robin Powell (Attachments: #1 Proposed Order) (Grable, Brandon) |
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Filing 3
STANDING ORDER OF REFERENCE. This case is hereby referred to United States Magistrate Judge Rene Harris Toliver for pretrial management. (Ordered by Judge Sam A. Lindsay on 1/8/2026) (frw)
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| Filing 2 New Case Notes: A filing fee has been paid. 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. (kxm) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Marcus Cantera, Giovanni D Morgan, Kasey C Hodgson, Colton S Spinks, Tyler A Oakley filed by Robin Powell. (Filing fee $405; Receipt number ATXNDC-16100214) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. 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. (Attachments: #1 Cover Sheet) (Grable, Brandon) Modified text on 1/7/2026 (kxm). |
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