Rodgers v. 323rd District Court Tarrant County TX et al
| Kemone Rodgers |
| Judge Ellen Smith, Kathryn Frytz, 323rd District Court Tarrant County TX and Texas Department of Family & Protective Services |
| 4:2018cv00931 |
| November 16, 2018 |
| US District Court for the Northern District of Texas |
| Jeffrey L Cureton |
| Terry R Means |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 79 Received letter from United States Court of Appeals Fifth Circuit No. 19-10868. Enclosed is a copy of the judgment issued as the mandate and a copy of the court's opinion. (tle) |
| Filing 78 Opinion of USCA No. 19-10868in accordance with USCA judgment re #68 Notice of Appeal, filed by Kemone Rodgers. Seeing no error in the district courts decision, we AFFIRM. (tle) |
| Filing 77 JUDGMENT/MANDATE of USCA No. 19-10868 as to #68 Notice of Appeal, filed by Kemone Rodgers. It is ordered and adjudged that the judgment of the District Court is affirmed. Issued as Mandate: 4/9/2020. (tle) |
Filing 76
ORDER of USCA No. 19-10868 as to #68 Notice of Appeal, filed by Kemone Rodgers. The motion to file record excerpts in excess pages is denied. Your sufficient record excerpts are due for filing immediately. Otherwise, they will be sent to the court to be stricken. (tle)
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| APPEARANCE FORM FILED at USCA5 by Attorney Scot Macdonald Graydon for Appellee Texas Department of Family and Protective Services in 19-10868, Attorney Scot Macdonald Graydon for Appellee Kathryn Frytz in 19-10868, Attorney Scot Macdonald Graydon for Appellee 323rd District Court Tarrant County Texas in 19-10868. Access to the EROA has been granted. (tle) |
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Filing 75
ORDER denying #73 Motion for Leave...As for the motion to correct the appellate record, Plaintiff's motion for leave wholly fails to explain why the appellate record allegedly needs to be corrected, nor does he include the document number of the records he contends are missing. (Ordered by Senior Judge Terry R Means on 10/8/2019) (wrb)
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| Filing 74 RESPONSE filed by Ellen Smith re: #72 MOTION for Recusal or Disqualification of Senior Judge Terry R. Means, within Brief, #73 MOTION for Leave to File PLAINTIFF'S MOTION TO RECUSE OR DISQUALIFY SENIOR JUDGE TERRY R. MEANS AND MOTION TO CORRECT APPEAL RECORDS (Attachments: #1 Proposed Order) (Ogle, Melvin) |
| Filing 73 MOTION for Leave to File PLAINTIFF'S MOTION TO RECUSE OR DISQUALIFY SENIOR JUDGE TERRY R. MEANS AND MOTION TO CORRECT APPEAL RECORDS filed by Kemone Rodgers with Brief/Memorandum in Support. (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s), #4 Proposed Order) (Rodgers, Kemone) |
| Filing 72 APPELLANT RODGER'S BRIEF and MOTION for Recusal or Disqualification of Senior Judge Terry R. Means, within Brief filed by Kemone Rodgers with Brief/Memorandum in Support. Addressed to the United States Court of Appeals Fifth Circuit [19-10868]. (Attachments: #1 Additional Page(s), #2 Proposed Order) (Rodgers, Kemone) |
| Record on Appeal for USCA5 19-10868 (related to #68 appeal): 1 disk containing appeal record transmitted to Kemone Rodgers on disk only by mail. (tle) |
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Filing 71
Order Unfiling #69 MOTION for US District Clerk to Furnish Records for Appeal filed by Kemone Rodgers due to the following deficiency: The motion or response must include certificate of conference or inability to confer. See LR 7.1(b) or LCrR 47.1(b); Proposed Order. See LR 7.1(c) or LCrR 47.1(c). Additional copies are required. See LR 5.1(b) or LCrR 49.2(b). OTHER: The clerk will forward the record as required by Federal Rule of Appellate Procedure 11(b)(2) in due course. (Ordered by Senior Judge Terry R Means on 8/15/2019) (tln)
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| Record on Appeal for USCA5 19-10868 (related to #68 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, Sealed or ex parte electronic document number(s): 1,27,30,36,38,40,45,46 (circuit approval is required for access),. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (tle) |
| USCA Case Number 19-10868 in United States Court of Appeals Fifth Circuit for #68 Notice of Appeal, filed by Kemone Rodgers. (tle) |
| Filing 70 Received letter from United States Court of Appeals Fifth Circuit re: No. 19-10868. We have docketed the appeal as shown above, and ask you to use the case number above in future inquiries. (tle) |
| Filing 69 ***UNFILED/STRICKEN PER #71 ORDER***MOTION to Produce U. S. DISTRICT CLERK RECORDS FOR APPEAL filed by Kemone Rodgers (Rodgers, Kemone) Modified text on 8/15/2019 (tln). |
| Filing 68 NOTICE OF APPEAL as to #67 Judgment, #65 Order on Motion to Set Aside Judgment, #66 Order on Motion to Dismiss, to the Fifth Circuit by Kemone Rodgers. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Attachments: #1 Exhibit(s) Orders 65, 66, and 67) (Rodgers, Kemone) |
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Filing 67
FINAL JUDGMENT: In accordance with the orders issued this same day and Federal Rule of Civil Procedure 58, all claims are hereby DISMISSED WITH PREJUDICE to their refiling. All costs of Court under 28 U.S.C. 1920 shall be borne by Plaintiff. (Ordered by Senior Judge Terry R Means on 7/11/2019) (tln)
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Filing 66
ORDER GRANTING MOTIONS TO DISMISS: Pending before the Court are the following documents: (1) the Motion to Dismiss (doc. #51 ) filed by defendant Judge Ellen Smith; (2) the Motion to Dismiss (doc. #54 ) filed by defendant 323rd District Court, Tarrant County, Texas; (3) the Motion to Dismiss (doc. #56 ) filed by defendant Texas Department of Family & Protective Services; and (4) the Motion to Dismiss (doc. #58 ) filed by defendant Kathryn Frytz. After review of these motions, the related briefs, Plaintiff's pleadings, and the applicable law, the Court concludes that the motions should be and hereby are GRANTED, for the reasons asserted therein. As a result, all of Plaintiff's claims are DISMISSED WITH PREJUDICE to their refiling. (see order) (Ordered by Senior Judge Terry R Means on 7/11/2019) (tln)
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Filing 65
ORDER DENYING MOTION FOR RELIEF FROM ORDER: Pending before the Court is Plaintiff's Motion for Relief from Order Striking Fourth Amended Complaint and Denying Related Motions (doc. #62 ). After review of the motion, the responses thereto, the record in this cause, and the applicable law, the Court concludes that the motion for relief should be and hereby is DENIED. (Ordered by Senior Judge Terry R Means on 7/11/2019) (tln)
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| Filing 64 RESPONSE filed by 323rd District Court Tarrant County TX re: #62 MOTION to Set Aside Judgment PLAINTIFF'S MOTION FOR RELIEF FROM ORDER STRIKING FOURTH AMENDED COMPLAINT AND DENYING RELATED MOTIONS (Attachments: #1 Exhibit(s) A, #2 Proposed Order) (Graydon, Scot) |
| Filing 63 REPLY filed by Ellen Smith re: #62 MOTION to Set Aside Judgment PLAINTIFF'S MOTION FOR RELIEF FROM ORDER STRIKING FOURTH AMENDED COMPLAINT AND DENYING RELATED MOTIONS (Attachments: #1 Proposed Order) (Ogle, Melvin) |
| Filing 62 MOTION to Set Aside Judgment PLAINTIFF'S MOTION FOR RELIEF FROM ORDER STRIKING FOURTH AMENDED COMPLAINT AND DENYING RELATED MOTIONS filed by Kemone Rodgers with Brief/Memorandum in Support. (Attachments: #1 Affidavit(s) PLAINTIFF'S UNSWORN DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION FOR RELIEF FROM ORDER STRIKING FOURTH AMENDED COMPLAINT AND DENYING RELATED MOTIONS, #2 PLAINTIFF'S BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR RELIEF FROM ORDER STRIKING FOURTH AMENDED COMPLAINT AND DENYING RELATED MOTIONS, #3 APPENDIX IN SUPPORT OF PLAINTIFF'S MOTION FOR RELIEF FROM ORDER STRIKING FOURTH AMENDED COMPLAINT AND DENYING RELATED MOTIONS) (Rodgers, Kemone) |
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Filing 61
ORDER STRIKING FOURTH AMENDED COMPLAINT AND DENYING RELATED MOTIONS Unfiling #37 Amended Complaint, filed by Kemone Rodgers due to the following deficiency: Plaintiff, who is proceeding pro se, filed his Fourth Amended Complaint (doc. 37) without seeking leave of Court or presenting written consent from the opposing parties permitting its filing. Plaintiff's Motion for Leave to File Under Seal (doc. #36 ), which seeks leave to file exhibit 6 of the Fourth Amended Complaint under seal; his First Motion for Leave to File Amended Unsworn Declaration in Support of the Fourth Amended Complaint Under Seal (doc. #40 ); and his Motion for Leave to File Plaintiff's Fourth Amended Certificate of Interested Persons regarding the Fourth Amended Complaint (doc. 45 ) are DENIED as moot. (Ordered by Senior Judge Terry R Means on 4/29/2019) (npk)
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| Filing 60 REPLY filed by Ellen Smith re: #51 MOTION to Dismiss (Ogle, Melvin) |
| Filing 59 Brief/Memorandum in Support filed by Kathryn Frytz re #58 MOTION to Dismiss (Attachments: #1 Non-Published Case Cited Within Brief) (Graydon, Scot) |
| Filing 58 MOTION to Dismiss filed by Kathryn Frytz (Attachments: #1 Proposed Order)Attorney Scot M Graydon added to party Kathryn Frytz(pty:dft) (Graydon, Scot) |
| Filing 57 Brief/Memorandum in Support filed by Texas Department of Family & Protective Services re #56 MOTION to Dismiss (Attachments: #1 Non-Published Case Cited Within Brief) (Graydon, Scot) |
| Filing 56 MOTION to Dismiss filed by Texas Department of Family & Protective Services (Attachments: #1 Proposed Order)Attorney Scot M Graydon added to party Texas Department of Family & Protective Services(pty:dft) (Graydon, Scot) |
| Filing 55 Brief/Memorandum in Support filed by 323rd District Court Tarrant County TX re #54 MOTION to Dismiss (Attachments: #1 Non-Published Cases Cited Within Brief) (Graydon, Scot) |
| Filing 54 MOTION to Dismiss filed by 323rd District Court Tarrant County TX (Attachments: #1 Proposed Order)Attorney Scot M Graydon added to party 323rd District Court Tarrant County TX(pty:dft) (Graydon, Scot) |
| Filing 53 RESPONSE AND OBJECTION filed by Kemone Rodgers re: #51 MOTION to Dismiss (Rodgers, Kemone) |
| Filing 52 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ellen Smith. (Ogle, Melvin) |
| Filing 51 MOTION to Dismiss filed by Ellen Smith with Brief/Memorandum in Support. Attorney Melvin Keith Ogle added to party Ellen Smith(pty:dft) (Ogle, Melvin) |
| Filing 50 USM 285/ SUMMONS Returned Executed as to Texas Department of Family & Protective Services ; served by DUSM on 3/28/2019. (wrb) |
| Filing 49 USM 285/SUMMONS Returned Executed as to 323rd District Court Tarrant County TX ; served by DUSM on 3/28/2019. (wrb) |
| Filing 48 USM 285/ SUMMONS Returned Executed as to Kathryn Frytz ; served by DUSM on 3/29/2019. (wrb) |
| Filing 47 USM 285/ SUMMONS Returned Executed as to Ellen Smith ; served by USM on 3/28/2019. (wrb) |
| Filing 44 Summons with 285 Issued as to Kathryn Frytz. (wrb) |
| Filing 43 Summons Issued with 285 as to Texas Department of Family & Protective Services. (wrb) |
| Filing 42 Summons with 285 Issued as to Ellen Smith. (wrb) |
| Filing 41 Summons with 285 Issued as to 323rd District Court Tarrant County TX. (wrb) |
| Filing 40 First MOTION for Leave to File AMENDED UNSWORN DECLARATION IN SUPPORT OF PLAINTIFF'S FOURTH AMENDED U. S. COMPLAINT AND JURY DEMAND, AND IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE TO FILE UNDER SEAL filed by Kemone Rodgers (Rodgers, Kemone) |
| Filing 36 MOTION for Leave to File UNDER SEALExhibit F filed by Kemone Rodgers (Rodgers, Kemone) |
| Filing 39 THIRD AMENDED CERTIFICATE OF INTERESTED PERSONS by Kemone Rodgers. (bdb) |
| Filing 37 ***UNFILED PER ORDER #61 *** FOURTH AMENDED COMPLAINT WITH JURY DEMAND against 323rd District Court Tarrant County TX, Kathryn Frytz, Ellen Smith, Texas Department of Family & Protective Services filed by Kemone Rodgers. 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. (bdb) Modified on 4/29/2019 (npk). |
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Filing 35
ORDER DENYING #33 MOTION FOR LEAVE TO FILE MEMORANDUM. (Ordered by Senior Judge Terry R Means on 2/21/2019) (bdb)
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Filing 34
ORDER REGARDING COMPLETION AND SERVICE OF SUMMONS: Plaintiff is advised that it is Plaintiff's responsibility to complete the summons and 285 forms with correct information as to the appropriate persons and the appropriate addresses for service. Plaintiff shall complete the forms and return them to the clerk within thirty (30) days after the date this order is filed. (Ordered by Senior Judge Terry R Means on 2/21/2019) (Attachments: #1 Additional Page(s) Summons Form, #2 Additional Page(s) USM 285 Form) (bdb)
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| Filing 33 Plaintiff's MOTION for Leave to File Memorandum of Law in Support of Third Amended U.S. Complaint and Jury Demand filed by Kemone Rodgers (wrb) |
| Filing 32 Third Amended CERTIFICATE OF INTERESTED PERSONS by Kemone Rodgers. (wrb) |
| Filing 31 Unsworn Declaration in Support of Plaintiff's #30 Third Amended Complaint and Jury Demand by Kemone Rodgers. (wrb) |
| Filing 30 THIRD AMENDED COMPLAINT WITH JURY DEMAND against 323rd District Court Tarrant County TX, Kathryn Frytz, Ellen Smith filed by Kemone Rodgers. 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. (wrb) Modified restriction on 4/4/2019 (bdb). (Plaintiff requested document be sealed pending ruling on #36 Motion) |
| Filing 29 Third Amended NOTICE of Related Case No. 323-104047-16 and No. 02-17-00436-CV filed by Kemone Rodgers (wrb) |
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Filing 28
ORDER GRANTING #26 AMENDED MOTION FOR LEAVE TO AMEND: Plaintiff submitted to the clerk of the Court with his proposed amended complaint a blue folder full of documents, but it is unclear what these documents are or why they have been submitted. As a result, within fourteen days of the issuance of this order, Plaintiff may retrieve this binder from the clerk of the Court or it will be disposed of. It is, therefore, ORDERED that if Plaintiff desires to pursue his claims in this cause, no later than February 25, 2019, he shall file an amended complaint that complies with Federal Rule of Civil Procedure 8 and corrects the deficiencies noted in this order. Failure to timely comply with this order may result in the dismissal of Plaintiff's claims without prejudice for lack of prosecution. (Ordered by Senior Judge Terry R Means on 1/28/2019) (tln)
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| Filing 27 Unsworn Declaration in Support filed by Kemone Rodgers re #26 MOTION for Leave to File Amended Complaint, Amended Notice of Related Case, and Amended Certificate of Interested Persons. (bdb) Modified restriction on 4/4/2019 (bdb). (Plaintiff requested document be sealed pending ruling on #36 Motion) |
| Filing 26 Amended MOTION for Leave to File Amended Complaint, Amended Notice of Related Case, and Amended Certificate of Interested Persons filed by Kemone Rodgers. (bdb) |
| Filing 25 Unsworn DECLARATION in support of #24 MOTION for Leave to File Amended Complaint, Amended Notice of Related Case, Amended Certificate of Interested Persons, and Motion for Appointment of Legal Counsel and Appointment of Guardian Ad Litem for the Child by Kemone Rodgers. (wrb) |
| Filing 24 MOTION for Leave to File Amended Complaint, Amended Notice of Related Case, Amended Certificate of Interested Persons, and Motion for Appointment of Legal Counsel and Appointment of Guardian Ad Litem for the Child filed by Kemone Rodgers (wrb) |
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Filing 23
ORDER granting #19 Motion for Leave to Proceed In Forma Pauperis. footnote: no summons shall issue unless authorized by further order of the court. (Ordered by Senior Judge Terry R Means on 1/10/2019) (wrb)
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Filing 22
ORDER GRANTING MOTION FOR RELIEF FROM JUDGMENT AND VACATING ORDER OF DISMISSAL AND JUDGMENT; REOPENING CASE; Motions terminated: #20 MOTION for relief from final judgment, and motion for extension of time to file Application to Proceed in District Coourt without Prepaying Fees or Costs (long form) filed by Kemone Rodgers., Case reopened. (Ordered by Senior Judge Terry R Means on 1/10/2019) (wrb)
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| Filing 21 Unsworn Declaration in Support of #20 MOTION for relief from final judgment, and motion for extension of time to file Application to Proceed in District Coourt without Prepaying Fees or Costs (long form) by Kemone Rodgers. (wrb) |
| Filing 20 MOTION for relief from final judgment, and motion for extension of time to file Application to Proceed in District Coourt without Prepaying Fees or Costs (long form) filed by Kemone Rodgers (wrb) |
| Filing 19 MOTION for Leave to Proceed in forma pauperis filed by Kemone Rodgers (wrb) |
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Filing 18
ORDER DENYING MOTION TO ALTER OR AMEND JUDGMENT and DISMISSING REMAINING DOCUMENTS: Kemone Rodgerss December 12, 2018 motion to alter or amend judgment (doc. #12 ) is DENIED. As the case otherwise remains closed, the remaining motions and documents filed on December 12, 2018 (docs. #13 , #14 , #15 , #16 , and #17 ) are dismissed. (Ordered by Senior Judge Terry R Means on 12/19/2018) (edm)
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| Filing 17 First Amended Unsworn Declaration in Support of Plaintiff's #16 MOTION for Leave to Proceed in forma pauperis MOTION to Extend Time by Kemone Rodgers. (wrb) |
| Filing 16 Plaintiff's Request to Proceed in forma pauperis and MOTION to Extend Time to File () filed by Kemone Rodgers (wrb) |
| Filing 15 First Amended Unsworn Declaration in Support of #14 Request for Appointment of Legal Counsel and Appointment of Guardian Ad Litem for the Child and Statement of Financial Status by Kemone Rodgers. (wrb) |
| Filing 14 Plaintiff's Request For Appointment of Legal Counsel and Appointment of Guardian Ad Litem for the Child and Statement of Financial Status filed by Kemone Rodgers (wrb) |
| Filing 13 Unsworn Declaration in Support of Plaintiff's #12 MOTION to Alter or Amend Judgment by Kemone Rodgers. (wrb) |
| Filing 12 MOTION to Alter or Amend Judgment filed by Kemone Rodgers (wrb) |
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Filing 11
[vacated by order of 1/10/19] FINAL JUDGMENT...all of plaintiff's claims are dismissed for lack of prosecution, without prej to their being refiled; costs of court taxed against the party who incurred them. (Ordered by Senior Judge Terry R Means on 12/11/2018) (wrb) Modified on 1/10/2019 (wrb).
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Filing 10
[vacated by order of 1/10/19] ORDER OF DISMISSAL...all of plaintiff's claims dismissed for lack of prosecution, without prej to their being refiled. (Ordered by Senior Judge Terry R Means on 12/11/2018) (wrb) Modified on 1/10/2019 (wrb).
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Filing 9
Order Returning Case to District Judge...as of this date of this order, Rodgers has failed to file the long form application, pay a filing fee or otherwise file any document responsive to the deficiency order. The action is returned to the USDJ. (Ordered by Magistrate Judge Jeffrey L. Cureton on 12/10/2018) (wrb)
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Filing 8
Order and Notice of Deficiency: Kemone Rodgers must address the following deficiency: Filing fee not paid nor has a request to proceed IFP been submitted. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 14 days. Clerk mailed copy of this order to pltf with IFP form; no further process shall issue except upon order of the court. (Ordered by Magistrate Judge Jeffrey L. Cureton on 11/19/2018) (wrb)
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| Filing 4 Notice and Instruction to Pro Se Party (wrb) |
| Filing 3 New Case Notes: A filing fee has not been paid. CASREF case referral set (see Special Order 3). Magistrate Judge Cureton preliminarily assigned. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) File to: staff attorney DK. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (wrb) |
| Filing 7 Unsworn Declaration in Support of Request for Appointment of Legal Counsel and Appointment of Guardian Ad Litem For the Child and Statement of Financial Status by Kemone Rodgers. (wrb) Modified event on 11/20/2018 (bdb). |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS by Kemone Rodgers. (wrb) |
| Filing 5 NOTICE of Related Case filed by Kemone Rodgers (wrb) |
| Filing 2 APPLICATION to Proceed in forma pauperis without Prepaying Fees or Costs (Long Form) filed by Kemone Rodgers (wrb) |
| Filing 1 COMPLAINT Title 42 Section 1983 WITH JURY DEMAND against All Defendants filed by Kemone Rodgers. 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. (wrb) |
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