Applewhite et al v. Applewhite et al
| Kristi Applewhite, Dylan Parker Applewhite, A. C. A. and Kristi Ruth Applewhite |
| Richard Applewhite, City of Fort Worth, Tarrant County, Tarrant County Family Law Center, Serena Davis, Jennifer Hunter, Lyndsay Newell, Mark Cochran, Amy Candler, Carol Mapp, Constance Mims, Dennis Saumier, Ronald Applewhite, Sr., Cindy Ince, Jessica Janicek, Robert S. Widner, Chuck Eastom, Dennis Ozment, Fort Worth Police Department, Vincent Rumsey, Troy Lawrence, Jennifer Olson, Joshua Chick, Anila Khan, Sharen Wilson, Deborah Logsdon, Donna Tribunella, Brandi Applewhite, State of Texas, Erin Rosko, Wendy Hackler (Hart), William Patterson, Texas Department of Family & Protective Services, Tom Wilder, Bernie McHorse, Tyler Glapa, Landon Rollins, Gabrielle Schmidt, Greg Willis, FNU Nelson, Dr. Gina Galloway, Mind Above Matter, Mesa Springs Hospital, Dr. Kishore Sunkara, Dr. Talat Tayyaba, Jerome Hennigan, Beth Poulos, Barry Sawyer, Wiliam C. Easttom and Casey Conine |
| 4:2021cv00985 |
| August 19, 2021 |
| US District Court for the Northern District of Texas |
| Mark Pittman |
| Hal R Ray |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 8, 2022. A more recent docket listing may be available from PACER.
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Filing 18
ORDER: Plaintiff is GRANTED #8 leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915. (Ordered by Magistrate Judge Hal R. Ray, Jr on 10/12/2021) (bdb)
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Filing 17
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. No objections were filed, and the Magistrate Judge's Recommendation is ripe for review. The District Judge reviewed the proposed Findings, Conclusions, and Recommendation #13 for plain error. Finding none, the undersigned District Judge believes that the Findings and Conclusions of the Magistrate Judge are correct, and they are accepted as the Findings and Conclusions of the Court. Accordingly, it is ORDERED that the claims of Plaintiffs Dylan Parker Applewhite and ACA, whether asserted directly or on their behalf, are DISMISSED without prejudice. (Ordered by Judge Mark Pittman on 10/8/2021) (sre)
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Filing 16
RESPONSE filed by Kristi Ruth Applewhite re: #2 MOTION for Leave to Proceed in forma pauperis, #8 Amended MOTION for Leave to Proceed in forma pauperis (Attachments: #1 Declaration(s) Compel ruling IPL) (Applewhite, Kristi)
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Filing 15
RESPONSE filed by Kristi Ruth Applewhite re: #8 Amended MOTION for Leave to Proceed in forma pauperis (Applewhite, Kristi)
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Filing 14
RESPONSE filed by Kristi Ruth Applewhite re: #13 Findings and Recommendations on Case re: #12 Reply, filed by Kristi Ruth Applewhite, #9 Amended Complaint,,, filed by Kristi Ruth Applewhite. (Attachments: #1 Additional Page(s) Response to non suit 9-23-21) (Applewhite, Kristi)
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Filing 13
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Before the Court are Plaintiff Kristi Applewhites Notice of Nonsuit Without Prejudice ("Notice of Nonsuit") and the attached explanation in support. ECF Nos. #12 -1, #12 -3, respectively. By Order dated September 7, 2021, the undersigned directed Applewhite to address deficiencies in her pleadings #7 . Applewhite complied by filing various items, including the Notice of Nonsuit. ECF No. #12 -1. After considering the Notice of Nonsuit, pleadings, and applicable legal authorities, the undersigned RECOMMENDS that United States District Judge Mark T. Pittman DISMISS without prejudice all claims of Plaintiffs Dylan Parker Applewhite and ACA. (Ordered by Magistrate Judge Hal R. Ray, Jr on 9/23/2021) (sre)
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Filing 12
REPLY filed by Kristi Ruth Applewhite re: #7 Order And Notice of Deficiency,,,,, (Attachments: #1 Additional Page(s) non suit for minor, et al, #2 Additional Page(s) non suit motion grant et al, #3 Additional Page(s) reply/explain non suit et al) (Applewhite, Kristi)
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Filing 11
Request to Issue Summons by Kristi Ruth Applewhite re #9 Amended Complaint Troy Lawrence,FWPD/et al (Attachments: #1 Additional Page(s) Summons, #2 Additional Page(s) Summons, #3 Additional Page(s) Summons, #4 Additional Page(s) Summons, #5 Additional Page(s) Summons, #6 Additional Page(s) Summons, #7 Additional Page(s) Summons, #8 Additional Page(s) Summons, #9 Additional Page(s) Summons, #10 Additional Page(s) Summons, #11 Cover Sheet cover sheet, #12 Declaration(s) Declaration, #13 Additional Page(s) Additional Defendants, #14 Additional Page(s) COIP) (Applewhite, Kristi) Modified on 9/21/2021 (sre).
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Filing 10
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kristi Ruth Applewhite. (Applewhite, Kristi)
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Filing 9
AMENDED COMPLAINT WITH JURY DEMAND Troy Lawrence/FWPD et al against All Defendants filed by Kristi Ruth Applewhite. (One or more defendant(s) is no longer named.) 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 Declaration(s) declaration/prayer, #2 Additional Page(s) additional defendants, #3 Cover Sheet Amended coversheet) (Applewhite, Kristi)
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Filing 8
Amended MOTION for Leave to Proceed in forma pauperis filed by Kristi Ruth Applewhite (Attachments: #1 Declaration(s) AO-239, #2 Additional Page(s) explanation of income) (Applewhite, Kristi)
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Filing 7
Order and Notice of Deficiency: A. C. A., Dylan Parker Applewhite, Kristi Applewhite must address the following deficiency: Only Plaintiff Kristi Applewhite (Ms. Applewhite) submitted an IFP application. #2 , #5 . The Amended Complaint, however, lists three plaintiffs: Kristi Applewhite, Dylan Parker Applewhite, and ACA, minor son. ECF No. #6 at 8. If Plaintiffs Dylan Applewhite or ACA are minors and thus lack capacity to sue under Federal Rule of Civil Procedure 17(c), then Plaintiff Kristi Applewhite must retain legal counsel to represent the minor child or children. The attorney must enter an appearance on the relevant child's behalf. Otherwise, the undersigned will recommend that any claims asserted in that child's name by Ms. Applewhite acting without counsel be dismissed without prejudice. Further, he shall either: (a) pay, on behalf of all Plaintiffs, the $350.00 filing fee required by 28 U.S.C. 1914(a), plus the $52.00 administrative fee required by the Court, for a total of $402.00 or (b) file a proper IFP application. If only Plaintiff Kristi Applewhite wishes to proceed, then she must file another amended complaint that sets forth only her claims. 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 9/20/2021. (Ordered by Magistrate Judge Hal R. Ray, Jr on 9/7/2021) (sre)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Tue Sep 7 09:47:15 CDT 2021 (crt)
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Filing 6
AMENDED COMPLAINT WITH JURY DEMAND against Richard Applewhite, Ronald Applewhite, Sr, Amy Candler, Joshua Chick, City of Fort Worth, Mark Cochran, Serena Davis, Chuck Eastom, Fort Worth Police Department, Jennifer Hunter, Cindy Ince, Jessica Janicek, Troy Lawrence, Carol Mapp, Constance Mims, Lyndsay Newell, Jennifer Olson, Dennis Ozment, Erin Rosko, Vincent Rumsey, Dennis Saumier, Tarrant County, Tarrant County Family Law Center, Robert S. Widner, Brandi Applewhite, Jerome Hennigan, Beth Poulos, Barry Sawyer and Casey Comine filed by Kristi Applewhite. 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. (sre)
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Filing 5
MOTION for Leave to Proceed in forma pauperis filed by Kristi Applewhite. (sre)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:3,4. Fri Aug 20 11:03:57 CDT 2021 (crt)
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Filing 4
Notice and Instruction to Pro Se Party. (sre)
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Filing 3
New Case Notes: A filing fee has not been paid. CASREF case referral set (see Special Order 3). Magistrate Judge Ray preliminarily assigned. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) 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. Motion(s) referred to Magistrate Judge Hal R. Ray, Jr. (sre)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Kristi Applewhite. (sre)
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Filing 1
COMPLAINT WITH JURY DEMAND against All Defendants filed by Kristi Applewhite. 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. (sre)
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