Carter v. AgAmerica Lending, LLC. et al
| Debra Mae Carter |
| AgAmerica Lending, LLC., AgAmerica AV1, LLC, Richard H. Hester, Kelly Goddard, David Garvin, Michelle Schwartz, Foley & Lardner, LLP, State of Texas, Jacqueline Escobar and Honorable Johnny Conine |
| 4:2021cv01210 |
| November 3, 2021 |
| U.S. District Court for the Northern District of Texas |
| Mark Pittman |
| Hal R Ray |
| Civil Rights: Other Civil Rights |
| 28 U.S.C. ยง 1361 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 9, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 12
FINAL JUDGMENT: It is ORDERED, ADJUDGED, and DECREED that this civil action is DISMISSED without PREJUDICE. (Ordered by Judge Mark Pittman on 12/9/2021) (sre)
|
|
Filing 11
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: After conducting the de novo review, the Court concludes that it lacks subject matter jurisdiction and cannot provide Plaintiff the relief she seeks. Accordingly, the Court OVERRULES Plaintiff's Objections and ADOPTS the reasoning in the Magistrate Judge's FCR. The Court therefore DENIES Plaintiffs Motion for Temporary Restraining Order 6 and Application for Writ of Mandamus #1 . The Court further ORDERS that Plaintiff's claims against Defendants are DISMISSED without prejudice. (Ordered by Judge Mark Pittman on 12/9/2021) (sre)
|
| Filing 10 Brief/Memorandum in Support filed by Debra Mae Carter re #1 Petition for Writ of Mandamus. (sre) |
| Filing 9 RESPONSE AND OBJECTION filed by Debra Mae Carter re: #8 Findings and Recommendations on Case re: #5 Amended Complaint, filed by Debra Mae Carter. (sre) |
|
Filing 8
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The undersigned RECOMMENDS that United States District Judge Mark T. Pittman DENY the Application for Writ of Mandamus (ECF No. #5 ) and DISMISS this action WITHOUT PREJUDICE for lack of subject matter jurisdiction. Any party who objects to any part of these findings, conclusions, and recommendation must file specific written objections within 14 days after being served with a copy. (Ordered by Magistrate Judge Hal R. Ray, Jr on 11/22/2021) (mmw)
|
| Filing 7 Affidavit in Support filed by Debra Mae Carter re: #5 Amended Complaint. (bdb) |
| Filing 6 Request for Temporary Restraining Order and Temporary Injunction filed by Debra Mae Carter. (See doc #5 for image) (bdb) |
| Filing 5 AMENDED COMPLAINT WITH JURY DEMAND against AgAmerica AV1, LLC, AgAmerica Lending, LLC., Foley & Lardner, LLP, David Garvin, Kelly Goddard, Richard H. Hester, Michelle Schwartz, State of Texas, Jacqueline Escobar, Johnny Conine filed by Debra Mae Carter. 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) |
|
Filing 4
NOTICE OF DEFICIENCY AND ORDER: Debra Mae Carter must address the following deficiency: the Complaint does not meet the basic pleading requirements of Federal Rule of Civil Procedure 8(a). Therefore, no later than November 17, 2021, Plaintiff is ORDERED to file an amended complaint specifying the basis for this Court to exercise subject-matter and personal jurisdiction over the case and Plaintiff's legal claims in compliance with Rule 8(a). Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). No process will issue pending the filing of Plaintiff's Amended Complaint. (Ordered by Magistrate Judge Hal R. Ray, Jr on 11/3/2021) (pef)
|
| Filing 3 Notice and Instruction to Pro Se Party. (pef) |
| Filing 2 New Case Notes: A filing fee has 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: Judge Pittman. 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. (pef) |
| Filing 1 Emergency Petition and Application for Writ of Mandamus filed by Debra Mae Carter. (Filing fee $402.00; receipt number FW037126) (pef) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
