McKinney v. State of Texas
| Lemuette Krinisha McKinney |
| McLennan County Jail, City of Waco Police, Waco Juvenile Department, Judge Thomas C. West, Joseph Hooten, Manny/Manning, E. Martinez, Chambers, Desmond Womack, Consada, Plotner, Alyssa Ortiz, Elisia Bautista and Judge Allen Bennett |
| 4:2025cv00299 |
| March 17, 2025 |
| U.S. District Court for the Northern District of Texas |
| Reed C O'Connor |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 24, 2025. A more recent docket listing may be available from PACER.
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Filing 15
FINAL JUDGMENT: Consistent with the order of dismissal signed this date, the claims of Plaintiff, Lemuette Krinisha McKinney, against Defendants "McLennan County Jail," "City of Waco Police," "Waco Juvenile Department," Judge Thomas C. West, and Joseph Hooten are DISMISSED pursuant to the authority of 28 U.S.C. 1915(e)(2) and 1915A(b). The remaining claims against Defendants Manny/Manning, E. Martinez, Chambers, Desmond Womack, Consada, Plotner, Alyssa Ortiz of Child Protective Service, Elisia Bautista, and Judge Allen Bennett are DISMISSED without prejudice as improperly joined. (Ordered by Judge Reed C. O'Connor on 4/24/2025) (sre)
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Filing 14
ORDER OF DISMISSAL: The Court concludes that the #12 amended complaint must be DISMISSED. Plaintiff's claims against Defendants "McLennan County Jail," "City of Waco Police," "Waco Juvenile Department," Judge Thomas C. West, and Joseph Hooten are DISMISSED pursuant to the authority of 28 U.S.C. 1915(e)(2) and 1915A(b). The remaining claims are DISMISSED without prejudice as improperly joined. (Ordered by Judge Reed C. O'Connor on 4/24/2025) (jnp)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Thu Apr 24 16:06:36 CDT 2025 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Thu Apr 24 13:57:43 CDT 2025 (crt) |
| Filing 13 Certificate of Trust Account by Lemuette Krinisha McKinney McLennnan County Jail #0184790. (jnp) |
| Filing 12 AMENDED COMPLAINT against McLennan County Jail, City of Waco Police, Waco Juvenile Department, Thomas C. West, Joseph Hooten, manny/manning, E. Martinez, Chambers, Desmond Womack, Consada, Plotner, Jailers of McLennan County Jail, Alyssa Ortiz, Elisia Bautista, Allen Bennett filed by Lemuette Krinisha McKinney. 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. (jnp) |
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Filing 11
ORDER TO REPLEAD: The Court is directing the Clerk to send to Plaintiff appropriate forms to pursue an amended complaint under 42 U.S.C. 1983. Plaintiff must complete and return the forms within 30 days to proceed with this action. She must identify each defendant and state all the material facts on which she contends she will establish her right to recover against that defendant. (Ordered by Judge Reed C. O'Connor on 4/9/2025) (Attachments: #1 Additional Page(s)) (sre)
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Filing 10
ORDER OF SEVERANCE: Plaintiff's habeas claims are SEVERED from her civil rights claims. The Clerk is DIRECTED to: (1) open a new 28 U.S.C. 2254 action assigned to the docket of the undersigned and (2) docket a copy of Plaintiff's pleading, ECF No. #1 , and this order in the new case. (Severed Case Number: 4:25-cv-00387-O) (Ordered by Judge Reed C. O'Connor on 4/9/2025) (sre)
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Filing 9
FILING FEE ORDER: The order and notice of deficiency signed April 8, 2025, is VACATED and SET ASIDE. Plaintiff's #7 application to proceed in forma pauperis is GRANTED. Order For Partial Filing Fee in amount of $52.20 with a balance of $297.80 remaining. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. (Ordered by Judge Reed C. O'Connor on 4/9/2025) (mmw)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. inmate accounting office Wed Apr 9 09:45:37 CDT 2025 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Wed Apr 9 13:55:41 CDT 2025 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Wed Apr 9 13:00:14 CDT 2025 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. inmate accounting office Wed Apr 9 09:45:18 CDT 2025 (crt) |
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Filing 8
***VACATED and SET ASIDE per #9 ORDER*** ORDER AND NOTICE OF DEFICIENCY: Lemuette Krinisha McKinney must address the following deficiency: Plaintiff filed part of a "Resident Account Summary" reflecting deposits and debits to her inmate trust account. The document is dated March 27, 2025, but the last transaction date is January 11, 2025. The document reflects that it contains 13 pages, but the first page provided is page 6. Thus, it appears that pages reflecting transactions from January 11 to March 27 are missing. In addition, Plaintiff failed to file the application to proceed in forma pauperis. The Court will grant Plaintiff an extension of time until April 30, 2025, in which to file a completecertificate of inmate trust account along with the application. 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 4/30/2025. (Ordered by Judge Reed C. O'Connor on 4/8/2025) (sre) Modified on 4/9/2025 (mmw).
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| Filing 7 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Lemuette Krinisha McKinney (saw) |
| Filing 6 Certificate of Trust Account by Lemuette Krinisha McKinney McLennan County Detention Center # 0184790. (saw) Modified docket text on 4/10/2025 (saw). |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Tue Apr 8 15:49:27 CDT 2025 (crt) |
| Filing 5 AFFIDAVIT of Indigency by Lemuette Krinisha McKinney. (mmw) |
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Filing 4
Order and Notice of Deficiency: Lemuette Krinisha McKinney must address the following deficiency: she has not paid the applicable $350.00 filing fee. 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 4/18/2025. (Ordered by Judge Reed C. O'Connor on 3/24/2025) (Attachments: #1 Prisoner IFP Form) (wxc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Mon Mar 24 11:20:26 CDT 2025 (crt) |
| Filing 3 Notice and Instruction to Pro Se Party (jnp) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:2, 3. Tue Mar 18 15:17:11 CDT 2025 (crt) |
| 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. (jnp) |
| Filing 1 COMPLAINT against State of Texas filed by Lemuette Krinisha McKinney. 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. (jnp) |
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