Fearn v. Graham et al
| Glenn Winningham Fearn |
| Edgar L. Hurtado, Michael Brown, Michael R Collingwood, Erin Nealy Cox, Timothy C Graham, Deer Park Cash Cow, LLC, John McBryde, Stacy White, Glenn Winningham Fearn, cestui que trust, A Echols-Kirksey, V Nilson, Tarrant County Sheriff's Office, Lacy Britton, Ken Paxton, Linda Martin and Sharen Wilson |
| 4:2020cv00161 |
| February 23, 2020 |
| US District Court for the Northern District of Texas |
| John McBryde |
| Reed C O'Connor |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. § 1442 |
| None |
Docket Report
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| Filing 23 MOTION for Leave to Proceed in forma pauperis on appeal (Affidavit of Inability to Pay Legal Tender) re #21 Notice of Appeal, filed by Glenn Winningham Fearn. (tle) |
| Filing 22 Received letter from United States Court of Appeals Fifth Circuit No. 20-10347. Enclosed please find pro se's motion for leave to proceed in forma pauperis which was sent to this court. Please notify us when you have acted on the motion. (tle) |
| USCA Case Number 20-10347 in United States Court of Appeals Fifth Circuit for #21 Notice of Appeal, filed by Glenn Winningham Fearn. (tle) |
| Filing 21 NOTICE OF APPEAL as to #19 Order of Dismissal or Administrative Closure, Terminate Motions, #20 Judgment, to the Fifth Circuit by Glenn Winningham Fearn. 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. (tle) |
Filing 20
FINAL JUDGMENT: All of Plaintiff's claims against Judge John McBryde and Erin Nealy Cox are DISMISSED. The claims against the remaining Defendants are severed and remanded to the 236th District Court of Tarrant County Texas. (Ordered by Judge Reed C. O'Connor on 3/11/2020) (skg)
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Filing 19
ORDER: Based on the foregoing, Erin Nealy Cox and Judge John McBryde are DISMISSED from this case. (Ordered by Judge Reed C. O'Connor on 3/11/2020) (skg)
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| Filing 18 Supplemental Document by Lacy Britton, Michael Brown, Michael R Collingwood, A Echols-Kirksey, Timothy C Graham, Edgar L. Hurtado, Linda Martin, V Nilson, Stacy White as to #16 Answer to Complaint,,, #14 Motion to Dismiss for Failure to State a Claim, #15 Brief/Memorandum in Support of Motion, #17 Cert. Of Interested Persons/Disclosure Statement . (Tooley, Joe) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:19. Wed Mar 11 11:56:34 CDT 2020 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Wed Mar 11 11:58:51 CDT 2020 (crt) |
| Filing 17 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lacy Britton, Michael Brown, Michael R Collingwood, A Echols-Kirksey, Timothy C Graham, Edgar L. Hurtado, Linda Martin, V Nilson, Stacy White. (Tooley, Joe) |
| Filing 16 ANSWER to Complaint filed by Lacy Britton, Michael Brown, Michael R Collingwood, A Echols-Kirksey, Timothy C Graham, Edgar L. Hurtado, Linda Martin, V Nilson, Stacy White. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Tooley, Joe) |
| Filing 15 Brief/Memorandum in Support filed by Lacy Britton, Michael Brown, Michael R Collingwood, A Echols-Kirksey, Timothy C Graham, Edgar L. Hurtado, Linda Martin, V Nilson, Stacy White re #14 Motion to Dismiss for Failure to State a Claim (Tooley, Joe) |
| Filing 14 Motion to Dismiss for Failure to State a Claim filed by Lacy Britton, Michael Brown, Michael R Collingwood, A Echols-Kirksey, Timothy C Graham, Edgar L. Hurtado, Linda Martin, V Nilson, Stacy White (Tooley, Joe) |
| Filing 13 MOTION to Dismiss filed by Erin Nealy Cox with Brief/Memorandum in Support. (Stoltz-DOJ, Brian) |
| Filing 12 NOTICE of Status of Service of Process filed by Erin Nealy Cox (Stoltz-DOJ, Brian) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6,7,8. Thu Feb 27 09:57:19 CST 2020 (crt) |
| Filing 11 CERTIFICATE OF SERVICE by Erin Nealy Cox. (bdb) |
| Filing 10 Judge McBryde's paper original and copy of #2 Cert. Of Interested Persons/Disclosure Statement filed by Erin Nealy Cox received pursuant to standing order. (bdb) Modified filer on 2/28/2020 (bdb). |
| Filing 9 Judge McBryde's paper original and copy of #1 Notice of Removal filed by Erin Nealy Cox received pursuant to standing order. (bdb) Modified filers on 2/28/2020 (bdb). |
| Filing 8 Notice and Instruction to Pro Se Party (bcr) |
| Filing 7 New Case Notes: A filing fee is not due for this case. CASREF case referral set (see Special Order 3). Magistrate Judge Ray preliminarily assigned. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) File to: No court file needed. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (bcr) Modified on 2/27/2020 (bcr). |
| Filing 6 Court Request for Recusal: Senior Judge John McBryde recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Reed C. O'Connor for all further proceedings. Future filings should indicate the case number as: 4:20-cv-00161-O. (bcr) |
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Filing 5
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Senior Judge John McBryde on 2/24/2020) (wrb)
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| Filing 4 Notice and Instruction to Pro Se Party (wrb) |
| Filing 3 New Case Notes: A filing fee is not due for this case - USA no fee due. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) File to Judge McBryde. 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) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3,4,5. cy to Winningham Mon Feb 24 14:41:21 CST 2020 (crt) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Erin Nealy Cox. (Stoltz-DOJ, Brian) |
| Filing 1 NOTICE OF REMOVAL from 236th District Court, Tarrant County, case number 236-313994-19 filed by Erin Nealy Cox. (Filer fee note- Filed by the USA) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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 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. (Attachments: #1 Cover Sheet, #2 Cover Sheet Supplement, #3 Index of State Court Records, #4 State Court Docket Sheet, #5 Original Petition, #6 Demand re: Costs/Fees, #7 Service Request, #8 Demand re: Costs/Fees, #9 Tarrant County DA and Sheriff's Answer, #10 Tarrant County DA and Sheriff's Motion to Dismiss and to Declare Plaintiff a Vexatious Litigant, #11 Notice of Hearing, #12 Officer's Return - Wilson, #13 Officer's Return - Brown, #14 Officer's Return - Martin, #15 Officer's Return - TCSO, #16 Officer's Return - McBryde, #17 Officer's Return - Graham, #18 Officer's Return - Collingwood, #19 Officer's Return - Hurtado, #20 Officer's Return - Echols-Kirksey, #21 Officer's Return - Britton, #22 Officer's Return - White, #23 Euless Defendants' Motion to Dismiss, #24 Euless Defendants' Answer, #25 Proposed Order for Euless Defendants' Motion to Dismiss) (Stoltz-DOJ, Brian) |
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