Moates v. State of North Carolina et al
| Michael Moates |
| State of North Carolina, State of Texas, State of Virginia and State of Nevada |
| 4:2023cv00772 |
| July 25, 2023 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Hal R Ray |
| Other Statutes: Constitutionality of State Statutes |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 25, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 37 Brief/Memorandum in Support filed by State of North Carolina re #36 MOTION to Dismiss (Wiehle, Scott) |
| Filing 36 MOTION to Dismiss filed by State of North Carolina (Wiehle, Scott) |
Filing 35
ORDER granting #34 Application for Admission Pro Hac Vice of Tamika L. Henderson. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Magistrate Judge Hal R. Ray, Jr on 9/21/2023) (mmw)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:35. Thu Sep 21 09:47:57 CDT 2023 (crt) |
| Filing 34 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Tamika L. Henderson (Filing fee $100; Receipt number ATXNDC-14047988) filed by State of North Carolina (Wiehle, Scott) |
| Filing 33 NOTICE of Attorney Appearance by Scott R Wiehle on behalf of State of North Carolina. (Filer confirms contact info in ECF is current.) (Wiehle, Scott) |
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Filing 32
ORDER: Before the Court is Plaintiff Michael Moates's #31 Motion for Extension of Time to Respond to Defendant State of Texas's Motion to Dismiss. The Court GRANTS Plaintiff until October 9, 2023, to file a response to the Motion to Dismiss. (Ordered by Magistrate Judge Hal R. Ray, Jr on 9/11/2023) (mmw)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:32. Mon Sep 11 09:50:41 CDT 2023 (crt) |
| Filing 31 MOTION for Extension of Time to File Response/Reply to #16 MOTION to Dismiss and Response in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Michael Moates with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Moates, Michael) |
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Filing 30
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Before the Court is Plaintiff Michael Moates's #25 Notice of Dismissal as to Defendants Virginia and Nevada. The undersigned RECOMMENDS that Judge O'Connor ORDER that, with respect to the states of Virginia and Nevada, the case be DISMISSED without prejudice. (Ordered by Magistrate Judge Hal R. Ray, Jr on 9/8/2023) (mmw)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:30. Fri Sep 8 08:01:32 CDT 2023 (crt) |
| Filing 29 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14012022) filed by State of Nevada (Attachments: #1 Exhibit(s) Index of Exhibits, #2 Exhibit(s) Order for Admission Pro Hac Vice, #3 Exhibit(s) Certificate of Standing)Attorney Jessica E. Whelan added to party State of Nevada(pty:dft) (Whelan, Jessica) |
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Filing 28
ORDER : Before the Court is the state of North Carolina's #27 Motion for Extension of Time to Answer or Otherwise Respond to the Complaint. The Court GRANTS defendant's motion to extend time. It is therefore ORDERED that the state of North Carolina shall answer or otherwise respond to Plaintiff's Complaint on or before September 24, 2023. (Ordered by Magistrate Judge Hal R. Ray, Jr on 9/6/2023) (mmw)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:28. Wed Sep 6 11:18:13 CDT 2023 (crt) |
| Clerk declines to enter Entry of Default as to State of North Carolina per MJ chambers. (mmw) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:26. Wed Sep 6 16:47:46 CDT 2023 (crt) |
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Filing 26
ORDER: The Motion (ECF No. #20 ) is hereby GRANTED. Plaintiff may file a response to Defendant State of Texas's Motion to Dismiss that is twenty-eight pages long. (Ordered by Magistrate Judge Hal R. Ray, Jr on 9/5/2023) (bdb)
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| Filing 25 NOTICE of OF DISMISSAL AS TO DEFENDANT'S STATE OF VIRGINIA AND STATE OF NEVADA filed by Michael Moates (Moates, Michael) |
| Filing 24 OBJECTION to #19 Findings and Recommendations . (Moates, Michael) |
| Filing 23 Combined Request for Clerks Entry of Default and MOTION for Default Judgment against State of North Carolina, State of Virginia filed by Michael Moates with Brief/Memorandum in Support. (Moates, Michael) |
| Filing 22 Supplemental Document by Michael Moates as to #20 MOTION for Leave to File EXCESS PAGE IN RESPONSE TO DEFENDANT STATE OF TEXAS MOTION TO DISMISS . (Moates, Michael) |
| Filing 27 Motion for Extension of Time to File Answer filed by State of North Carolina. (bdb) (Main Document 27 replaced on 9/6/2023) (bdb). |
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Filing 21
ORDER: It is therefore ORDERED that Plaintiff shall file a supplement to the #20 Motion with the required certificate of conference on or before September 6, 2023. (Ordered by Magistrate Judge Hal R. Ray, Jr on 8/30/2023) (mmw)
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| Filing 20 MOTION for Leave to File EXCESS PAGE IN RESPONSE TO DEFENDANT STATE OF TEXAS MOTION TO DISMISS filed by Michael Moates with Brief/Memorandum in Support. (Moates, Michael) |
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Filing 19
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: After considering the Complaint, #14 Motion, and applicable legal authorities, the undersigned RECOMMENDS that United States District Judge Reed O'Connor DENY the Motion. (Ordered by Magistrate Judge Hal R. Ray, Jr on 8/29/2023) (mmw)
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Filing 18
ORDER re Defendant State of Texas's #16 Motion to Dismiss and Response in Opposition to Plaintiff's Motion for Preliminary Injunction: Plaintiff shall file his response to the Motion on or before 9/19/2023. Also by that date, Plaintiff shall file a brief that complies with the Local Civil Rules of the Northern District of Texas, specifically Rule 7.1(d) and Rule 7.2 (which require certain materials be included in a brief). (Ordered by Magistrate Judge Hal R. Ray, Jr on 8/29/2023) (twd)
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| Filing 17 Combined Request for Clerks Entry of Default and MOTION for Default Judgment against State of Nevada filed by Michael Moates (Moates, Michael) |
| Clerk declines to enter Entry of Default as to State of Nevada per MJ chambers. (mmw) |
| Filing 16 MOTION to Dismiss and Response in Opposition to Plaintiff's #2 Motion for Preliminary Injunction filed by State of Texas (Attachments: #1 Proposed Order)Attorney Eric Mark Fineman added to party State of Texas(pty:dft) (Fineman, Eric) Modified link on 8/29/2023 (mmw). |
| Filing 15 Brief/Memorandum in Support filed by Michael Moates re #14 MOTION for Temporary Restraining Order (Moates, Michael) |
| Filing 14 MOTION for Temporary Restraining Order filed by Michael Moates (Attachments: #1 Proposed Order) (Moates, Michael) |
| Filing 13 CERTIFICATE OF SERVICE by Michael Moates re #12 Summons Returned, #8 Affidavit of Service, #7 Order, #10 Summons Returned, #9 Summons Returned, #11 Summons Returned (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D) (Moates, Michael) |
| Filing 12 SUMMONS Returned Executed as to State of Virginia ; served on 8/9/2023. (Moates, Michael) |
| Filing 11 SUMMONS Returned Executed as to State of North Carolina ; served on 8/7/2023. (Moates, Michael) |
| Filing 10 SUMMONS Returned Executed as to State of Texas ; served on 8/7/2023. (Moates, Michael) |
| Filing 9 SUMMONS Returned Executed as to State of Nevada ; served on 8/3/2023. (Moates, Michael) |
| Filing 8 AFFIDAVIT of Service . (Moates, Michael) |
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Filing 7
ORDER: Moates is now responsible for serving the Defendants with a summons and a copy of the complaint in this case as provided by Rule 4(c) of the Federal Rules of Civil Procedure. If the Defendants are not served within 90 days after the filing of the complaint, the action is subject to dismissal without prejudice. (Ordered by Magistrate Judge Hal R. Ray, Jr on 7/26/2023) (mmw)
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| Filing 6 Notice and Instruction to Pro Se Party (mmw) |
| Filing 5 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 O Connor. 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. (mmw) |
| Filing 4 Summons Issued as to State of Nevada, State of North Carolina, State of Texas, and State of Virginia. (mmw) |
| Filing 3 Rule 5.1 Notice of Constitutional Challenge filed by Michael Moates (mmw) |
| Filing 2 MOTION for Preliminary Nationwide Injunction filed by Michael Moates with Brief/Memorandum in Support. (mmw) |
| Filing 1 COMPLAINT WITH JURY DEMAND against State of Nevada, State of North Carolina, State of Texas, State of Virginia filed by Michael Moates. (Filing fee $402.00; Receipt number 400001768) 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. (mmw) |
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