Frericks v. Culpepper et al
| Michael Joseph Frericks, II |
| Kenda Culpepper, David Rakow, Terry Garrett and Rockwall County |
| 3:2026cv01444 |
| May 5, 2026 |
| U.S. District Court for the Northern District of Texas |
| Ada Brown |
| Renee Harris Toliver |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
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Filing 11
ELECTRONIC ORDER terminating as moot #2 Motion for Leave to Proceed In Forma Pauperis 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 motion. (Ordered by Magistrate Judge Renee Harris Toliver on 6/16/2026) (chmb)
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Filing 10
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Case re: #1 Complaint filed by Michael Joseph Frericks, II. Plaintiff has been given ample opportunity to respond to the Court's deficiency order. He has impliedly refused or declined to do so. Thus, this action should be 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 Magistrate Judge Renee Harris Toliver on 6/12/2026) (cea)
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Filing 9
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY: Plaintiff Michael Joseph Frericks, II, must address the following deficiency: The motion to proceed in forma pauperis, which was filed over eight months ago, does not provide enough information for the Court to determine if in forma pauperis status is appropriate now. Plaintiff did not completely fill out the motion apart from listing zeros or writing N/A for most of the answers. Plaintiff also fails to specify who pays his living expenses. Therefore, Plaintiff is ORDERED to completely fill out the motion to proceed in forma pauperis on the AO-239 Form and to resubmit it to the Court by May 29, 2026. PLAINTIFF'S FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE DISMISSAL OF THIS ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(b). A motion to proceed in forma pauperis on the AO 239 form (AO 239) is available online at http://www.txnd.uscourts.gov/sites/default/files/forms/AO239_0.pdf. No process will issue except upon order of the Court. (Ordered by Magistrate Judge Renee Harris Toliver on 5/8/2026) (chmb)
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Filing 8
ELECTRONIC NOTICE OF JUDICIAL SCREENING AND STANDING ORDER. Judicial screening of this case is pending. See 28 U.S.C. 1915(e)(2). 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 5/8/2026) (chmb)
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| Filing 7 Notice and Instruction to Pro Se Party. (axm) |
| Filing 6 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) |
| Filing 5 Case electronically transferred in from District of Texas Eastern; Case Number 4:25-cv-00848. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| Interdistrict transfer to the Northern District of TEXAS Dallas Division. (baf) [Transferred from Texas Eastern on 5/6/2026.] |
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Filing 4
ORDER. It is therefore ORDERED that this civil action is hereby TRANSFERRED to the United States District Court for the Northern District of Texas, Dallas Division. (Motion(s) #2 terminated). Signed by Magistrate Judge Aileen Goldman Durrett on 4/15/2026. (baf) [Transferred from Texas Eastern on 5/6/2026.]
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| Clerk's Notice of Mailing - Doc(s) #4 mailed to Michael Joseph Frericks II at the address indicated on the NEF unless otherwise indicated. Mail type: Regular. (baf) [Transferred from Texas Eastern on 5/6/2026.] |
| Clerk's Notice of Mailing - Doc(s) #3 , Consent to Magistrate Form, Pro Se Instructions mailed to Plaintiff at the address indicated on the NEF unless otherwise indicated. Mail type: Regular. (jmb) [Transferred from Texas Eastern on 5/6/2026.] |
| Filing 3 Case assigned to Chief District Judge Amos L Mazzant and referred to Magistrate Judge Aileen Goldman Durrett. (Attachments: #1 Magistrate referral) (jmb) [Transferred from Texas Eastern on 5/6/2026.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Michael Joseph Frericks II. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Envelope)(jmb) [Transferred from Texas Eastern on 5/6/2026.] |
| Filing 1 COMPLAINT AND REQUEST FOR INJUNCTION against All Defendants, filed by Michael Joseph Frericks II. (Attachments: #1 Attachment 1, #2 Attachment 2)(jmb) (Additional attachment(s) added on 8/11/2025: #3 Envelope) (jmb). [Transferred from Texas Eastern on 5/6/2026.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. Form sent to Plaintiff via U.S. Mail. (jmb) [Transferred from Texas Eastern on 5/6/2026.] |
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