Morris v. Waybourn et al
| Terry Lee Morris |
| Sheriff Bill Waybourn and Judge Scott Wisch |
| 4:2021cv01302 |
| November 24, 2021 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 29, 2021. A more recent docket listing may be available from PACER.
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Filing 6
JUDGMENT: It is ORDERED that Plaintiff's Complaint is DISMISSED as barred by the three-strikes provision of 28 U.S.C. 1915(g). This dismissal is without prejudice to Plaintiff's right to reopen the case within 30 days by filing a motion to reopen and paying the $402.00 filing and administrative fees at the same time. After 30 days, Plaintiff will be required to file a new lawsuit. (Ordered by Judge Reed C. O'Connor on 11/29/2021) (twd)
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Filing 5
ORDER DISMISSING CASE: Plaintiff's Complaint is DISMISSED as barred by the three-strikes provision of 28 U.S.C. 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996). This dismissal is without prejudice to Plaintiff's right to reopen the case within 30 days by filing a motion to reopen and paying the $402.00 filing and administrative fees at the same time. After 30 days, Plaintiff will be required to file a new lawsuit. On 11/23/2021, the Court admonished Plaintiff that "further filings in this Court based on his assertion that he is at the DTC of his own volition and solely until he finds a home may result in the imposition of sanctions or contempt." Morris v. Gallagher et al., 4:21-cv-1248-O (N.D. Tex.) Order 2, ECF No. 12 (original emphasis). Because it appears that Plaintiff filed this lawsuit prior to receiving the Court's order in the 1248 Action, he will not be sanctioned at this juncture. However, any further filings will be closely scrutinized and further attempts to relitigate the issue of whether he is a "prisoner" for purposes of the three-strikes rule may result in the imposition of sanctions or contempt. Finally, Plaintiff is advised that he must file documents by U.S. first class mail (unless he is a registered CM-ECF user). He may no longer file documents using the Court's e-mail and further use of the Court's e-mail to file documents may result in the imposition of sanctions or contempt. (Ordered by Judge Reed C. O'Connor on 11/29/2021) (twd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5, 6. Mon Nov 29 14:55:25 CST 2021 (crt) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Terry Lee Morris ***FILED USING THE COURT'S EMERGENCY FILING EMAIL ADDRESS.*** (rekc) |
| Filing 3 COMPLAINT WITH JURY DEMAND against Bill Waybourn, Scott Wisch filed by Terry Lee Morris. 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. ***FILED USING THE COURT'S EMERGENCY FILING EMAIL ADDRESS.*** (Attachments: #1 Waiver of Service, #2 Waiver of Service) (rekc) Modified on 11/24/2021 (rekc). |
| Filing 2 Notice and Instruction to Pro Se Party (rekc) |
| Filing 1 New Case Notes: A filing fee has not been paid. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) File to: appropriate staff attorney. 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. (rekc) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Wed Nov 24 15:56:09 CST 2021 (crt) |
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