McKibbins v. Carpenter
| Desmond McKibbins |
| FNU Carpenter and SIS Investigator Carpenter |
| 4:2023cv00435 |
| May 2, 2023 |
| U.S. District Court for the Northern District of Texas |
| Mark Pittman |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on June 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 9 Mail returned as undeliverable. #7 Order Setting Deadline/Hearing,, received back from Desmond McKibbins as Return to Sender - Inmate Unknown - Unable to ID Inmate. Address updated from last filed document, #8 . New address: Desmond McKibbins #02198506 BOP Oakdale FCI PO Box 5000 Oakdale, LA 71463. The current document has been re-mailed. (fba) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Remailed to: Desmond McKibbins #02198506 BOP Oakdale FCI PO Box 5000 Oakdale, LA 71463 Fri Jun 30 11:22:43 CDT 2023 (crt) |
| Filing 8 NOTICE of Change of Address and a copy of most current six months of inmate trust account for Pro Se litigant Desmond McKibbins. New address: Desmond McKibbins #02198506 BOP Oakdale FCI PO Box 5000 Oakdale, LA 71463. (fba) |
Filing 7
ORDER: The deadline for Plaintiff to comply with the Court's order has lapsed. To date, Plaintiff has not complied or sought an extension of time to do so. Nevertheless, the Court will provide him an additional 14 days to comply. If Plaintiff intends to proceed with this action, he must fully comply with the Court's May 5 order or show good cause why he has failed or is unable to do so by June 26, 2023. If Plaintiff fails to comply with this order, the Court will dismiss this action without further notice for failure to prosecute. See FED. R. CIV. P. 41(b). re: #4 Order And Notice of Deficiency,, (Ordered by Judge Mark Pittman on 6/12/2023) (fba)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Mon Jun 12 15:42:14 CDT 2023 (crt) |
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Filing 6
ORDER denying #5 Motion to Appoint Counsel: After reviewing McKibbins's motion and the procedural posture of this case, the Court DENIES his motion without prejudice as premature. McKibbins has not cured his preliminary filing deficiencies and, should he do so, his complaint will be subject to preliminary judicial screening under 28 U.S.C. 1915. Moreover, a civil-rights complainant has no right to the automatic appointment of counsel. See Akasike v. Fitzpatrick, 26 F.3d 510, 512 (5th Cir. 1994). If McKibbins cures his filing deficiencies, he may reurge his motion after the Court has completed screening his complaint or should there be a material change in his circumstances. (Ordered by Judge Mark Pittman on 5/18/2023) (tjc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Thu May 18 16:13:21 CDT 2023 (crt) |
| Filing 5 MOTION to Appoint Counsel filed by Desmond McKibbins. (tjc) |
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Filing 4
Order: If McKibbins intends to proceed with this action, he must do the following by June 5, 2023: (1) either pay the $402 filing fee or file an application to proceed in forma pauperis, accompanied by a certificate of inmate trust account; and (2) file his complaint on the form provided by the Court. The Court DIRECTS a deputy clerk of Court to mail McKibbins the following forms: (1) application to proceed in forma pauperis; (2) certificate of inmate trust account; and (3) prisoner civil-rights complaint. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). (Ordered by Judge Mark Pittman on 5/5/2023) (fba)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. And an application to proceed in forma pauperis; certificate of inmate trust account; and prisoner civil-rights complaint. Fri May 5 14:55:40 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:2,3. Thu May 4 14:50:02 CDT 2023 (crt) |
| Filing 3 Notice and Instruction to Pro Se Party (tjc) |
| Filing 2 New Case Notes: A filing fee has not been paid. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) 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. (tjc) |
| Filing 1 COMPLAINT against FNU Carpenter filed by Desmond McKibbins. 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. (tjc) |
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