Edler v. Hockley Co. Commissioners Court et al
Plaintiff: Lawrence Elbert Edler
Defendant: Hockley County Commissioners Court, Curtis D. Thrash, Larry Carter, Joseph L. Barnett, Thomas Clevenger, (Ret.) Kevin Davis, Cliff Robinson, Stacey Sisk, Deliah DeLeon, Elsa Cavazos, Other Officers To Be Named, Dr. Nadia Toor, MD, Larry D. Sprowls, Hockley County, Hockley County Sheriff's Department, Maximino Rodriguez, Ciro Chairez, Djuan Goswick, Nina Perez, Charles Rogers and Eric Ruiz
Amicus Curiae: Office of the Attorney General
Case Number: 5:2012cv00168
Filed: September 17, 2012
Court: US District Court for the Northern District of Texas
Office: Lubbock Office
County: Hockley
Presiding Judge: Sam R Cummings
Nature of Suit: Prisoner Pet/Other: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: None
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This docket was last retrieved on July 24, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 24, 2019 Filing 201 NOTE: The documents attached were originally available in paper format only and are now attached here for electronic viewing in the clerk's office. Content includes items referenced in docket entries as -in paper- or -too large- etc. They were scanned in chronological order but are not separated with individual hyperlinks. The viewer is advised to scroll through content in order to locate requested material. ***DISC ENCLOSED - First Page previews a copy of the Disc. Disc remains in clerk's office until further notice.*** (krd)
June 20, 2017 Opinion or Order Filing 200 AGREED ORDER OF DISMISSAL: The Court having considered the Rule 41 Stipulation of Dismissal With Prejudice filed June 19, 2017, IT IS ORDERED that the above-styled and- numbered civil action is DISMISSED with prejudice, with costs taxed against the party incurring same. (Ordered by Senior Judge Sam R Cummings on 6/20/2017) (bmg) Modified text on 6/21/2017 (bdg).
June 19, 2017 Filing 199 STIPULATION OF DISMISSAL With Prejudice re #196 Order of Dismissal or Administrative Closure, by Joseph L. Barnett, Larry Carter, Elsa Cavazos, Ciro Chairez, Thomas Clevenger, Kevin Davis, Deliah DeLeon, Djuan Goswick, Nina Perez, Cliff Robinson, Maximino Rodriguez, Charles Rogers, Eric Ruiz, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash. (Wade, Camie)
May 1, 2017 Opinion or Order Filing 198 ORDER granting #197 Joint Motion to Extend Deadline to File Dismissal Papers. (Ordered by Senior Judge Sam R Cummings on 5/1/2017) (egp)
April 28, 2017 Filing 197 Joint MOTION to Extend Time Deadline to File Dismissal Papers filed by Lawrence Elbert Edler (Attachments: #1 Proposed Order) (Durfee, Laura)
April 12, 2017 Opinion or Order Filing 196 Order Administratively Closing Case. The parties have indicated to the Court that they have settled this case. Accordingly, this case is administratively closed without prejudice to its being reopened to enter an order of dismissal or to enter other orders if the settlement is not consummated. Counsel in this case are ordered to file the papers necessary to dismiss this action on or before 21 days from the date of this order. (Ordered by Senior Judge Sam R Cummings on 4/12/2017) (bmg)
March 2, 2017 Filing 195 Appendix in Support filed by Lawrence Elbert Edler re #193 Response/Objection to Defendants' Motion for Summary Judgment Based on Qualified Immunity (Attachments: #1 Exhibit(s) 1 - 18, Part 1, #2 Exhibit(s) 18, Part 2, #3 Exhibit(s) 19, Part 1, #4 Exhibit(s) 19, Part 2, #5 Exhibit(s) 20, #6 Exhibit(s) 21-32) (Durfee, Laura)
March 2, 2017 Filing 194 Brief/Memorandum in Support filed by Lawrence Elbert Edler re #193 Response/Objection to Defedants' Motion for Summary Judgment Based on Qualified Immunity (Durfee, Laura)
March 2, 2017 Filing 193 RESPONSE filed by Lawrence Elbert Edler re: #185 First MOTION for Summary Judgment Based on the Defense of Qualified Immunity (Durfee, Laura)
February 17, 2017 Filing 192 NOTICE of Attorney Appearance by Joseph Christian Van Asten for Richard J. Johnson on behalf of Lawrence Elbert Edler. (Van Asten, Joseph)
February 17, 2017 Opinion or Order Filing 191 ORDER granting #189 Motion to Withdraw as Attorney. Attorney C Shawn Cleveland terminated. C. Shawn Cleveland is withdrawn as counsel or record for Plaintiff Lawrence E. Edler and will be removed from the Court's CM/ECF email notification list. (Ordered by Senior Judge Sam R Cummings on 2/17/2017) (bdg)
February 10, 2017 Filing 190 NOTICE of Attorney Appearance by Joseph Christian Van Asten for Laura Jane Durfee on behalf of Lawrence Elbert Edler. (Van Asten, Joseph)
February 10, 2017 Filing 189 Unopposed MOTION to Withdraw as Attorney C. Shawn Cleveland filed by Lawrence Elbert Edler (Attachments: #1 Proposed Order) (Van Asten, Joseph)
February 9, 2017 Filing 188 Notice of Manual Filing of DVD in Appendix by Elsa Cavazos, Ciro Chairez, Kevin Davis, Deliah DeLeon, Djuan Goswick, Nina Perez, Cliff Robinson, Maximino Rodriguez, Charles Rogers, Eric Ruiz, Stacey Sisk re #186 Brief/Memorandum in Support of Motion, #185 First MOTION for Summary Judgment Based on the Defense of Qualified Immunity, #187 Appendix in Support (Wade, Camie) Modified text on 2/10/2017 (bdg).
February 9, 2017 Filing 187 Appendix in Support filed by Elsa Cavazos, Ciro Chairez, Kevin Davis, Deliah DeLeon, Djuan Goswick, Nina Perez, Cliff Robinson, Maximino Rodriguez, Charles Rogers, Eric Ruiz, Stacey Sisk re #186 Brief/Memorandum in Support of Motion, #185 First MOTION for Summary Judgment Based on the Defense of Qualified Immunity Appendix in Support (Attachments: #1 Exhibit(s), #2 Additional Page(s), #3 Additional Page(s), #4 Exhibit(s), #5 Exhibit(s), #6 Additional Page(s), #7 Additional Page(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Exhibit(s), #14 Exhibit(s), #15 Exhibit(s), #16 Exhibit(s), #17 Exhibit(s), #18 Exhibit(s), #19 Exhibit(s), #20 Exhibit(s), #21 Exhibit(s), #22 Exhibit(s), #23 Exhibit(s), #24 Exhibit(s), #25 Additional Page(s), #26 Additional Page(s), #27 Exhibit(s), #28 Exhibit(s), #29 Exhibit(s)) (Wade, Camie)
February 9, 2017 Filing 186 Brief/Memorandum in Support filed by Elsa Cavazos, Ciro Chairez, Kevin Davis, Deliah DeLeon, Djuan Goswick, Nina Perez, Cliff Robinson, Maximino Rodriguez, Charles Rogers, Eric Ruiz, Stacey Sisk re #185 First MOTION for Summary Judgment Based on the Defense of Qualified Immunity Brief In Support of Motion (Wade, Camie)
February 9, 2017 Filing 185 First MOTION for Summary Judgment Based on the Defense of Qualified Immunity filed by Elsa Cavazos, Ciro Chairez, Kevin Davis, Deliah DeLeon, Djuan Goswick, Nina Perez, Cliff Robinson, Maximino Rodriguez, Charles Rogers, Eric Ruiz, Stacey Sisk with Brief/Memorandum in Support. (Wade, Camie)
January 9, 2017 Filing 184 PROOF of Service for Subpoena served on Patricio Juan Martinez on 01/05/2017. (bdg)
December 30, 2016 Filing 183 AFFIDAVIT of Service for Subpoena served on Patricio Juan Martinez on 12/22/2016. (zzm)
December 28, 2016 Filing 182 AFFIDAVIT of Service for Subpoena served on Hockley County Jail on 12/27/2016. (zzm)
December 12, 2016 Opinion or Order Filing 181 ORDER granting #180 Motion to Extend Deadline to File Motion for Summary Judgment on Qualified Immunity. Motion to dismiss or motion for summary judgment relating to the issue of qualified immunity is extended to 2/10/2017. (Ordered by Senior Judge Sam R Cummings on 12/12/2016) (bdg)
December 9, 2016 Filing 180 Unopposed MOTION to Extend Time Extend Deadline to File Motion for Summary Judgment on Qualified Immunity filed by Joseph L. Barnett, Larry Carter, Elsa Cavazos, Ciro Chairez, Thomas Clevenger, Kevin Davis, Deliah DeLeon, Djuan Goswick, Hockley County, Hockley County Commissioners Court, Nina Perez, Cliff Robinson, Maximino Rodriguez, Charles Rogers, Eric Ruiz, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash (Wade, Camie)
December 1, 2016 Opinion or Order Filing 179 ORDER granting #177 Amended Motion for Leave to Depose Patricio Juan Martinez. (Ordered by Senior Judge Sam R Cummings on 12/1/2016) (bdg)
November 30, 2016 Filing 178 Brief in Support filed by Joseph L. Barnett, Larry Carter, Elsa Cavazos, Ciro Chairez, Thomas Clevenger, Kevin Davis, Deliah DeLeon, Djuan Goswick, Hockley County, Hockley County Commissioners Court, Nina Perez, Cliff Robinson, Maximino Rodriguez, Charles Rogers, Eric Ruiz, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash re #177 AMENDED MOTION for Leave to Depose Patricio Juan Martinez. (Wade, Camie) Modified text on 11/30/2016 (bdg).
November 30, 2016 Filing 177 AMENDED MOTION for Leave to Depose Patricio Juan Martinez filed by Joseph L. Barnett, Larry Carter, Elsa Cavazos, Ciro Chairez, Thomas Clevenger, Kevin Davis, Deliah DeLeon, Djuan Goswick, Hockley County, Hockley County Commissioners Court, Nina Perez, Cliff Robinson, Maximino Rodriguez, Charles Rogers, Eric Ruiz, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash. (Wade, Camie) Modified text on 11/30/2016 (bdg).
November 30, 2016 Opinion or Order Filing 176 ORDER granting #174 Motion to Withdraw as Attorney. Attorney Jasmine Selia Wynton terminated. (Ordered by Senior Judge Sam R Cummings on 11/30/2016) (bdg)
November 30, 2016 Opinion or Order Filing 175 ORDER: The time for responding to Defendant's Motion for Leave to Depose Patricio Juan Martinez is shortened to on or before December 7, 2016, at 9:00 a.m. No reply will be considered. (Ordered by Senior Judge Sam R Cummings on 11/30/2016) (bdg)
November 29, 2016 Filing 174 Unopposed MOTION to Withdraw as Attorney Jasmine S. Wynton as Counsel for Plaintiff filed by Lawrence Elbert Edler (Attachments: #1 Proposed Order) (Cleveland, C)
November 28, 2016 Filing 173 Brief/Memorandum in Support filed by Joseph L. Barnett, Larry Carter, Elsa Cavazos, Ciro Chairez, Thomas Clevenger, Kevin Davis, Deliah DeLeon, Djuan Goswick, Hockley County, Hockley County Commissioners Court, Nina Perez, Cliff Robinson, Maximino Rodriguez, Charles Rogers, Eric Ruiz, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash re #172 MOTION Defendants' Motion for Leave to Depose Patricio Juan Martinez (Wade, Camie)
November 28, 2016 Filing 172 MOTION Defendants' Motion for Leave to Depose Patricio Juan Martinez filed by Joseph L. Barnett, Larry Carter, Elsa Cavazos, Ciro Chairez, Thomas Clevenger, Kevin Davis, Deliah DeLeon, Djuan Goswick, Hockley County, Hockley County Commissioners Court, Nina Perez, Cliff Robinson, Maximino Rodriguez, Charles Rogers, Eric Ruiz, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash with Brief/Memorandum in Support. (Wade, Camie)
November 22, 2016 Hearing/Deadline Modification: Discovery deadline set per #170 Scheduling Order, Discovery due by 7/24/2017. (egp)
November 22, 2016 Opinion or Order Filing 171 ORDER: Any motion to dismiss or motion for summary judgment relating to the issue of qualified immunity shall be filed within forty-five (45) days from the date of this order, with any responses thereto to be filed in accordance with the Local Rules for the Northern District of Texas. IT IS FURTHER ORDERED that any discovery not related to the issue of qualified immunity is STAYED until the issue of qualified immunity has been decided by the Court, at which time the stay will be automatically lifted without further order. (Ordered by Senior Judge Sam R Cummings on 11/22/2016) (egp)
November 22, 2016 Opinion or Order Filing 170 AMENDED SCHEDULING ORDER: ( Motions for Summary Judgment due by 4/14/2017.Motions in Limine due by July 24, 2017, Jury Trial set for 8/14/2017 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings.) (Ordered by Senior Judge Sam R Cummings on 11/22/2016) (egp)
October 24, 2016 Filing 169 SUMMONS Returned Executed as to Nina Perez ; served on 10/18/2016. (zzm)
October 20, 2016 Filing 168 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Nina Perez, Maximino Rodriguez, Eric Ruiz. (Wade, Camie)
October 20, 2016 Filing 167 ANSWER to #154 Amended Complaint,, filed by Nina Perez, Maximino Rodriguez, Eric Ruiz. 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. Attorney Camie Wade added to party Nina Perez(pty:dft), Attorney Camie Wade added to party Maximino Rodriguez(pty:dft), Attorney Camie Wade added to party Eric Ruiz(pty:dft) (Wade, Camie)
October 4, 2016 Filing 166 SUMMONS Returned Executed as to Charles Rogers; served on 10/3/2016. (bdg)
September 30, 2016 Filing 165 SUMMONS Returned Executed as to Maximino Rodriguez; served on 9/29/2016. (bdg)
September 30, 2016 Filing 164 SUMMONS Returned Executed as to Eric Ruiz ; served on 9/29/2016. (bdg)
September 29, 2016 Opinion or Order Filing 163 ORDER: The deadline for the United States Marshal to serve the Defendants named in the Court's order of August 17, 2016, is extended by 30 days to October 17, 2016. Copy of order given to USMS. (Ordered by Senior Judge Sam R Cummings on 9/29/2016) (bdg)
September 13, 2016 Filing 162 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ciro Chairez, Djuan Goswick, Charles Rogers. (Wade, Camie)
September 13, 2016 Filing 161 ANSWER to #154 Amended Complaint,, filed by Ciro Chairez, Djuan Goswick, Charles Rogers. 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. Attorney Camie Wade added to party Ciro Chairez(pty:dft), Attorney Camie Wade added to party Djuan Goswick(pty:dft), Attorney Camie Wade added to party Charles Rogers(pty:dft) (Wade, Camie)
September 7, 2016 Filing 160 WAIVER OF SERVICE Returned Executed as to Charles Rogers. Waiver sent on 7/28/2016. (Cleveland, C)
September 7, 2016 Filing 159 SUMMONS Returned Executed as to Ciro Chairez; served on 8/24/2016. (bdg)
September 7, 2016 Filing 158 SUMMONS Returned Executed as to Djuan Goswick; served on 8/24/2016. (bdg)
August 17, 2016 Filing 157 ANSWER to #154 Amended Complaint,, with Jury Demand filed by Joseph L. Barnett, Larry Carter, Elsa Cavazos, Thomas Clevenger, Kevin Davis, Deliah DeLeon, Hockley County, Hockley County Commissioners Court, Cliff Robinson, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash. 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. (Wade, Camie)
August 17, 2016 Filing 156 Summons Issued along with USM-285 as to Ciro Chairez, Djuan Goswick, Nina Perez, Maximino Rodriguez, Charles Rogers, Eric Ruiz. Copies given to USMS: Summons, USM-285, Order - (Doc. No. 155), and Amended Complaint for each defendant. (bdg)
August 17, 2016 Opinion or Order Filing 155 ORDER DIRECTING SERVICE BY THE UNITED STATES MARSHAL: It is, therefore, ORDERED, that the Clerk of the Court is directed to complete form USM-285 and a summons for each of the Defendants Maximino Rodriguez, Ciro Chairez, Djuan Goswick, Nina Perez, Charles Rogers, and Eric Ruiz. Counsel for Plaintiff Lawrence Elbert Edler is instructed that the addresses of Maximino Rodriguez, Ciro Chairez, Djuan Goswick, Nina Perez, Charles Rogers, and Eric Ruiz are not to be disclosed in any manner to Plaintiff. Counsel for Plaintiff shall redact the addresses of Defendants Maximino Rodriguez, Ciro Chairez, Djuan Goswick, Nina Perez, Charles Rogers, and Eric Ruiz from any documents that they provide to Plaintiff. Defendants Maximino Rodriguez, Ciro Chairez, Djuan Goswick, Nina Perez, Charles Rogers, and Eric Ruiz shall file their answers to Plaintiff's Amended Complaint within twenty one (21) days after service. (Ordered by Senior Judge Sam R Cummings on 8/17/2016) (bdg)
July 27, 2016 Filing 154 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Lawrence Elbert Edler. Summons(es) not requested at this time. 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. (Cleveland, C)
July 26, 2016 Opinion or Order Filing 153 ORDER granting #136 Motion for Leave to File Amended Complaint. (The requesting party must file the document with the clerk.) Denying as moot #142 Motion for Summary Judgment Based on Qualified Immunity and /or Absolute Immunity. The Clerk of the Court is further instructed to SEAL Document 136 (and its attached exhibits). Plaintiff is ORDERED to file his Amended Complaint on or before 8:00 a.m. on July 28, 2016. The deadline for substantive motion for summary judgment is extended to 1/9/2017. (Ordered by Senior Judge Sam R Cummings on 7/26/2016) (bdg)
July 25, 2016 Opinion or Order Filing 152 ORDER: Plaintiff shall provide the Court with a courtesy copy of the Appendix to Brief in Support of Plaintiff's Response to Defendants' Motion for Summary Judgment on for before 3:00 p.m. on July 29, 2016. (Ordered by Senior Judge Sam R Cummings on 7/25/2016) (bdg)
July 21, 2016 Filing 151 ADDITIONAL ATTACHMENTS to #149 Appendix in Support,, by Plaintiff Lawrence Elbert Edler. (Attachments: #1 Exhibit(s) 20 Part 1, #2 Exhibit(s) 20 Part 2, #3 Exhibit(s) 20 Part 3, #4 Exhibit(s) 20 Part 4, #5 Exhibit(s) 20 Part 5, #6 Exhibit(s) 21 Part 1, #7 Exhibit(s) 21 Part 2, #8 Exhibit(s) 22-28, #9 Exhibit(s) 29-30) (Cleveland, C)
July 21, 2016 Filing 150 ADDITIONAL ATTACHMENTS to #149 Appendix in Support,, by Plaintiff Lawrence Elbert Edler. (Attachments: #1 Exhibit(s) 19 Part 1, #2 Exhibit(s) 19 Part 2, #3 Exhibit(s) 19 Part 3, #4 Exhibit(s) 19 Part 4, #5 Exhibit(s) 19 Part 5, #6 Exhibit(s) 19 Part 6, #7 Exhibit(s) 19 Part 7, #8 Exhibit(s) 19 Part 8, #9 Exhibit(s) 19 Part 9, #10 Exhibit(s) 19 Part 10, #11 Exhibit(s) 19 Part 11, #12 Exhibit(s) 19 Part 12, #13 Exhibit(s) 19 Part 13, #14 Exhibit(s) 19 Part 14, #15 Exhibit(s) 19 Part 15, #16 Exhibit(s) 19 Part 16, #17 Exhibit(s) 19 Part 17, #18 Exhibit(s) 19 Part 18) (Cleveland, C)
July 21, 2016 Filing 149 Appendix in Support filed by Lawrence Elbert Edler re #147 Response/Objection to Defendants' Motion for Summary Judgment Based on Qualified Immunity and/or Absolute Immunity (Attachments: #1 Exhibit(s) 1-10, #2 Exhibit(s) 11-16, #3 Exhibit(s) 17 Part 1, #4 Exhibit(s) 17 Part 2, #5 Exhibit(s) 18 Part 1, #6 Exhibit(s) 18 Part 2, #7 Exhibit(s) 18 Part 3, #8 Exhibit(s) 18 Part 4, #9 Exhibit(s) 18 Part 5, #10 Exhibit(s) 18 Part 6, #11 Exhibit(s) 18 Part 7, #12 Exhibit(s) 18 Part 8, #13 Exhibit(s) 18 Part 9, #14 Exhibit(s) 18 Part 10) (Cleveland, C)
July 21, 2016 Filing 148 Brief/Memorandum in Support filed by Lawrence Elbert Edler re #147 Response/Objection to Defendants' Motion for Summary Judgment Basted on Qualified Immunity and/or Absolute Immunity (Cleveland, C)
July 21, 2016 Filing 147 RESPONSE filed by Lawrence Elbert Edler re: #142 MOTION for Summary Judgment (Cleveland, C)
July 14, 2016 Filing 146 REPLY filed by Lawrence Elbert Edler re: #136 MOTION for Leave to File Amended Complaint (Cleveland, C)
July 7, 2016 Opinion or Order Filing 145 ORDER granting #144 Motion for Leave to File Reply Brief. Plaintiff shall file his reply brief on or before 5:00 p.m. on July 14, 2016. No extensions will be granted. Denying #144 Motion to Extend Deadline to Respond. (Ordered by Senior Judge Sam R Cummings on 7/7/2016) (bdg)
July 6, 2016 Filing 144 Unopposed MOTION for Leave to File Reply Brief in Support of Plaintiff's Motion for Leave to File Amended Complaint, MOTION for Extension of Time to File Response/Reply to #142 MOTION for Summary Judgment, #143 Brief/Memorandum in Support of Motion, () filed by Lawrence Elbert Edler (Attachments: #1 Proposed Order) (Cleveland, C)
July 1, 2016 Opinion or Order Filing 141 ORDER denying #139 Defendants' Agreed Motion for leave to file certain summary judgment documents under sealed, filed June 30, 2016. The Clerk of the Court is instructed to file Defendants' motion and brief in support as separate documents in ECF with an effective filing date of June 30, 2016. The Clerk need not re-scan Defendants' appendix, which can be viewed as attachments to ECF nos. 139 and 140. The Clerk is instructed to unseal these documents. (Ordered by Senior Judge Sam R Cummings on 7/1/2016) (bdg)
June 30, 2016 Filing 143 Brief in Support filed by Joseph L. Barnett, Larry Carter, Elsa Cavazos, Thomas Clevenger, Kevin Davis, Deliah DeLeon, Hockley County, Hockley County Commissioners Court, Hockley County Sheriff's Department, Cliff Robinson, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash re #142 MOTION for Summary Judgment Based on Qualified Immunity and/or Absolute Immunity. ***Appendix in support filed and docketed as Document Nos. 139 and 140 for future reference. (bdg)
June 30, 2016 Filing 142 MOTION for Summary Judgment Based on Qualified Immunity and/or Absolute Immunity filed by Joseph L. Barnett, Larry Carter, Elsa Cavazos, Thomas Clevenger, Kevin Davis, Deliah DeLeon, Hockley County, Hockley County Commissioners Court, Hockley County Sheriff's Department, Cliff Robinson, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash. (bdg)
June 30, 2016 Filing 140 Pages from Exhibit C- Appendix in Support of Motion for Summary Judgment filed by Joseph L. Barnett, Larry Carter, Elsa Cavazos, Thomas Clevenger, Kevin Davis, Deliah DeLeon, Hockley County, Hockley County Commissioners Court, Hockley County Sheriff's Department, Cliff Robinson, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash (Attachments: #1 Exhibit C - Appendix in Support of Motion for Summary Judgment Pages 651-700, #2 Appendix - Pages 701-750, #3 Appendix - Pages 751-800, #4 Appendix - Pages 801-850, #5 Appendix - Pages 851-900, #6 Appendix - Pages 901-957) (bdg) Modified text on 7/6/2016 (bdg).
June 30, 2016 Filing 139 Agreed Motion for Leave to File Defendants' Motion For Summary Judgment Based on Qualified Immunity and /or Absolute Immunity, Brief in Support Thereof, and Appendix to Defendant's Motion for Summary Judgment as to the Issue of Qualified Immunity and/or Absolute Immunity and Brief in Support Thereof Under Seal filed by Joseph L. Barnett, Larry Carter, Elsa Cavazos, Thomas Clevenger, Kevin Davis, Deliah DeLeon, Hockley County, Hockley County Commissioners Court, Hockley County Sheriff's Department, Cliff Robinson, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash. (Attachments: #1 Exhibit A - Motion for Summary Judgment, #2 Exhibit B - Brief in Support of Motion for Summary Judgment, #3 Exhibit C - Appendix in Support of Motion for Summary Judgment - Pages 1-50, #4 Appendix - Pages 51-100, #5 Appendix - Pages 101-150, #6 Appendix - Pages 151-200, #7 Appendix - Pages 201-250 - (with DVD page 209), #8 Appendix - Pages 251-300, #9 Appendix - Pages 301-350, #10 Appendix - Pages 351-400, #11 Appendix - Pages 401-450, #12 Appendix - Pages 451-500, #13 Appendix - Pages 501-550, #14 Appendix - Pages 551-600) (bdg) Modified on 6/30/2016 (bdg). Modified text on 7/6/2016 (bdg).
June 27, 2016 Filing 138 Brief/Memorandum in Support filed by Elsa Cavazos, Kevin Davis, Deliah DeLeon, Hockley County, Hockley County Commissioners Court, Hockley County Sheriff's Department, Cliff Robinson, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash re #137 Response/Objection, (Wade, Camie)
June 27, 2016 Filing 137 RESPONSE filed by Elsa Cavazos, Kevin Davis, Deliah DeLeon, Hockley County, Hockley County Commissioners Court, Hockley County Sheriff's Department, Cliff Robinson, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash re: #136 MOTION for Leave to File Amended Complaint (Wade, Camie)
June 15, 2016 Filing 136 MOTION for Leave to File Amended Complaint filed by Lawrence Elbert Edler with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order) (Cleveland, C)
April 12, 2016 Opinion or Order Filing 135 ORDER granting #134 THIRD Motion to Extend Deadline to Add Parties or Amend Pleadings and to Extend Deadline to File Motions for Summary Judgment on Qualified Immunity. Amended Pleadings due by 6/15/2016. Joinder of Parties due by 6/15/2016. Motions for summary judgment regarding qualified immunity due by 6/30/2016. (Ordered by Senior Judge Sam R Cummings on 4/12/2016) (bdg)
April 11, 2016 Filing 134 Joint MOTION to Extend Time Deadline to Add Parties or Amend Pleadings and Deadline to File Motions for Summary Judgment on Qualified Immunity filed by Joseph L. Barnett, Larry Carter, Elsa Cavazos, Thomas Clevenger, Kevin Davis, Deliah DeLeon, Lawrence Elbert Edler, Hockley County, Hockley County Commissioners Court, Hockley County Sheriff's Department, Cliff Robinson, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash (Attachments: #1 Proposed Order) (Fuller, Allison)
February 29, 2016 Opinion or Order Filing 133 ORDER granting #131 Motion for Leave to Use Plaintiff's Deposition Testimony. (Ordered by Judge Sam R Cummings on 2/29/2016) (bdg)
February 26, 2016 Filing 132 Brief/Memorandum in Support filed by Joseph L. Barnett, Larry Carter, Elsa Cavazos, Thomas Clevenger, Kevin Davis, Deliah DeLeon, Hockley County, Hockley County Commissioners Court, Hockley County Sheriff's Department, Cliff Robinson, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash re #131 MOTION for Leave to File Leave to Use Plaintiff's Deposition Testimony (Wade, Camie)
February 26, 2016 Filing 131 MOTION for Leave to File Leave to Use Plaintiff's Deposition Testimony filed by Joseph L. Barnett, Larry Carter, Elsa Cavazos, Thomas Clevenger, Kevin Davis, Deliah DeLeon, Hockley County, Hockley County Commissioners Court, Hockley County Sheriff's Department, Cliff Robinson, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash with Brief/Memorandum in Support. (Wade, Camie)
February 10, 2016 Opinion or Order Filing 130 ORDER granting Second Joint #129 Motion to Extend Deadline to Add Parties or Amend Pleadings and to Extend Deadline to File Motion for Summary Judgment on Qualified Immunity. Amended Pleadings due by 4/15/2016. Joinder of Parties due by 4/15/2016. Motions for Summary Judgment regarding qualified immunity due by 4/30/2016. (Ordered by Judge Sam R Cummings on 2/10/2016) (bdg)
February 9, 2016 Filing 129 Joint MOTION to Extend Time Deadline to Add Parties or Amend Pleadings and to File Motions for Summary Judgment on Qualified Immunity filed by Joseph L. Barnett, Larry Carter, Elsa Cavazos, Thomas Clevenger, Kevin Davis, Deliah DeLeon, Lawrence Elbert Edler, Hockley County, Hockley County Commissioners Court, Hockley County Sheriff's Department, Cliff Robinson, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash (Attachments: #1 Proposed Order) (Wynton, Jasmine)
January 22, 2016 Opinion or Order Filing 128 ORDER granting #127 Motion for Protective Order (Ordered by Judge Sam R Cummings on 1/22/2016) (egp)
January 21, 2016 Filing 127 Unopposed MOTION for Protective Order and Confidentiality Agreement filed by Joseph L. Barnett, Larry Carter, Elsa Cavazos, Thomas Clevenger, Kevin Davis, Deliah DeLeon, Hockley County, Hockley County Commissioners Court, Hockley County Sheriff's Department, Cliff Robinson, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash, Nadia Toor, MD (Wade, Camie)
December 10, 2015 Opinion or Order Filing 126 ORDER granting #125 Motion to Extend Deadline to Amend the Scheduling Order and Order Regarding Motions for Summary Judgement on Qualified Immunity. Amended Pleadings due by 2/15/2016. Joinder of Parties due by 2/15/2016. Motions for summary judgment regarding qualified immunity due by 3/31/2016. (Ordered by Judge Sam R Cummings on 12/10/2015) (bdg)
December 9, 2015 Filing 125 Joint MOTION to Extend Time to Amend the Scheduling Order and Order Regarding Motions for Summary Judgment on Qualified Imminuty filed by Joseph L. Barnett, Larry Carter, Elsa Cavazos, Thomas Clevenger, Kevin Davis, Deliah DeLeon, Lawrence Elbert Edler, Hockley County, Hockley County Commissioners Court, Hockley County Sheriff's Department, Cliff Robinson, Stacey Sisk, Larry D. Sprowls, Curtis D. Thrash (Attachments: #1 Proposed Order) (Cleveland, C)
November 23, 2015 Filing 124 ANSWER to #1 Complaint, filed by Elsa Cavazos. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Wade, Camie)
November 19, 2015 Filing 123 Administrative Record consisting of one (1) volume of Hockley County Inmate Records. (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s)) Entered per order of court - Doc. No. 122. Originally submitted on 1/31/2013 and restricted pursuant to F.R.C.P. 5.2. (bdg) Redacted Record provided pursuant to F.C.R.P. 5.2 by Hockley County and added on 11/25/2015: #4 Redacted Administrative Record, #5 Additional Page(s), #6 Additional Page(s) , #7 Additional Page(s). (egp). Modified on 11/25/2015 (egp).
November 19, 2015 Opinion or Order Filing 122 ORDER granting #120 Unopposed Motion for Order to Direct Clerk to File the Spears Hearing Administrative Record, or in the Alternative, to Grant Plaintiff's Request for Copies. (Ordered by Judge Sam R Cummings on 11/19/2015) (bdg)
November 18, 2015 Filing 121 Brief/Memorandum in Support filed by Lawrence Elbert Edler re #120 Unopposed Motion for Order to Direct Clerk to File the Spears Hearing Administrative Record, or in the Alternative, to Grant Plaintiff's Request for Copies (Cleveland, C) Modified text on 11/19/2015 (bdg).
November 18, 2015 Filing 120 Unopposed Motion for Order to Direct Clerk to File the Spears Hearing Administrative Record, or in the Alternative, to Grant Plaintiff's Request for Copies filed by Lawrence Elbert Edler (Attachments: #1 Proposed Order) (Cleveland, C) Modified text on 11/19/2015 (bdg).
November 16, 2015 Opinion or Order Filing 119 ORDER: Discovery not related to the issue of qualified immunity is STAYED until the issue of qualified immunity has been decided by the Court, at which time the stay will be automatically lifted without further order. (Ordered by Judge Sam R Cummings on 11/16/2015) (cb)
November 16, 2015 Opinion or Order Filing 118 ORDER denying #103 Motion to Dismiss for Failure to State a Claim. (Ordered by Judge Sam R Cummings on 11/16/2015) (cb)
November 5, 2015 Opinion or Order Filing 117 ORDER: Amended Pleadings due by 1/15/2016. Discovery due by 2/13/2017. Joinder of Parties due by 1/15/2016. Motions for summary judgment due by 9/15/2016. Motions in limnine must due by 02/13/2017. Jury Trial set for 3/6/2017 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge Sam R Cummings. (Ordered by Judge Sam R Cummings on 11/5/2015) (bdg)
November 4, 2015 Filing 116 SUMMONS Returned Executed as to Elsa Cavazos with USM 285 ; served on 11/4/2015. (apb)
November 2, 2015 Filing 115 RESPONSE filed by Lawrence Elbert Edler re: #103 Motion to Dismiss for Failure to State a Claim (Cleveland, C)
October 29, 2015 Administrative Record consisting of one (1) volume of Hockley County Records received, (hand delivered), by Judge's chambers (SRC). (bdg)
October 22, 2015 Filing 114 Notice of Filing of Official Electronic Transcript of Spears Hearing Proceedings held on 02/21/2013 before Judge Nancy M. Koenig. Court Reporter/Transcriber Mechelle Daniel, Telephone number (806) 744-7667. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (21 pages) Redaction Request due 11/12/2015. Redacted Transcript Deadline set for 11/23/2015. Release of Transcript Restriction set for 1/20/2016. (kmd) Modified on 10/28/2015 (cea).
October 9, 2015 Opinion or Order Filing 113 ORDER granting #108 Motion to Extend Deadline to Respond to Defendant's Motion to Dismiss; denying #109 Motion to Require Service ; denying #112 Motion to Rescind. Plaintiff shall file his response on or before November 2, 2015. (Ordered by Judge Sam R Cummings on 10/9/2015) (bdg)
October 9, 2015 Deadline Modification: Deadlines set per #113 Order on Motion to Extend Time to File Response to Defendant's Motion to Dismiss. Response due on or before 11/2/2015. (bdg)
October 8, 2015 Filing 112 MOTION to Rescind #109 MOTION to Require Service filed by Lawrence Elbert Edler (bdg)
October 7, 2015 Filing 111 NOTICE of Attorney Appearance by Jasmine Selia Wynton on behalf of Lawrence Elbert Edler. (Filer confirms contact info in ECF is current.) (Wynton, Jasmine)
October 7, 2015 Filing 110 NOTICE of Attorney Appearance by Joseph Christian Van Asten on behalf of Lawrence Elbert Edler. (Filer confirms contact info in ECF is current.) (Van Asten, Joseph)
October 6, 2015 Filing 109 MOTION to Require Service filed by Lawrence Elbert Edler (bdg)
October 5, 2015 Filing 108 MOTION for Extension of Time to File Response/Reply to #103 Motion to Dismiss for Failure to State a Claim filed by Lawrence Elbert Edler (Attachments: #1 Proposed Order) (Cleveland, C)
September 16, 2015 Filing 107 DEMAND for Trial by Jury by Joseph L Barnett, Larry Carter, Thomas Clevenger, Kevin Davis, NFN Deleon, Hockley Co. Commissioners Court, Hockley County, Hockley County Sheriff's Department, NFN Robertson, Larry Sprowls, Curtis D Thrash. (Thompson, George)
September 16, 2015 Filing 106 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Joseph L Barnett, Larry Carter, Thomas Clevenger, Kevin Davis, NFN Deleon, Hockley Co. Commissioners Court, Hockley County, Hockley County Sheriff's Department, NFN Robertson, Larry Sprowls, Curtis D Thrash. (Thompson, George)
September 16, 2015 Filing 105 ANSWER to Complaint filed by Joseph L Barnett, Larry Carter, Thomas Clevenger, Kevin Davis, NFN Deleon, Hockley Co. Commissioners Court, Hockley County, Hockley County Sheriff's Department, NFN Robertson, Larry Sprowls, Curtis D Thrash. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Thompson, George)
September 16, 2015 Filing 104 Brief/Memorandum in Support filed by Joseph L Barnett, Larry Carter, Thomas Clevenger, Kevin Davis, NFN Deleon, Hockley Co. Commissioners Court, Hockley County, Hockley County Sheriff's Department, NFN Robertson, Larry Sprowls, Curtis D Thrash re #103 Motion to Dismiss for Failure to State a Claim (Thompson, George)
September 16, 2015 Filing 103 Motion to Dismiss for Failure to State a Claim filed by Joseph L Barnett, Larry Carter, Thomas Clevenger, Kevin Davis, NFN Deleon, Hockley Co. Commissioners Court, NFN Robertson, Larry Sprowls, Curtis D Thrash, Hockley County, Hockley County Sheriff's Department. (Thompson, George) Modified text on 9/16/2015 (bdg).
September 14, 2015 Filing 102 SUMMONS Returned Executed as to Stacey Sisk ; served on 9/8/2015. (apb)
September 14, 2015 Filing 101 SUMMONS Returned Executed as to Kevin Davis ; served on 9/10/2015. (apb)
September 1, 2015 Opinion or Order Filing 100 ORDER Appointing Pro Bono Counsel: Attorney Christopher Shawn Cleveland of Jones Day is APPOINTED as pro bono counsel to represent Plaintiff, Lawrence Elbert Edler. Mailed Plaintiff a copy of Order (Ordered by Judge Sam R Cummings on 9/1/2015) (apb) (Additional attachment(s) added on 9/1/2015: #1 Additional Page(s) Pro Bono Reimbursement Form) (ali).
August 28, 2015 Filing 99 SUMMONS Returned Executed as to Curtis D. Thrash ; served on 8/27/2015. (apb)
August 28, 2015 Filing 98 SUMMONS Returned Executed as to Larry Carter ; served on 8/27/2015. (apb)
August 28, 2015 Filing 97 SUMMONS Returned Executed as to Hockley County Commissioners Court; served on 08/27/2015. (apb)
August 28, 2015 Filing 96 SUMMONS Returned Executed as to Hockley County, Texas ; served on 8/27/2015. (apb)
August 28, 2015 Filing 95 SUMMONS Returned Executed as to Larry Sprowls ; served on 8/27/2015. (apb)
August 28, 2015 Filing 94 SUMMONS Returned Executed as to Thomas Clevenger ; served on 8/27/2015. (apb)
August 28, 2015 Filing 93 SUMMONS Returned Executed as to Joseph L. Barnett ; served on 8/27/2015. (apb)
August 28, 2015 Filing 92 SUMMONS Returned Executed as to Hockley County Sheriffs Department, c/o R.C. Cheek ; served on 8/27/2015. (apb)
August 28, 2015 Filing 91 SUMMONS Returned Executed as to Cliff Robinson ; served on 8/27/2015. (apb)
August 28, 2015 Filing 90 SUMMONS Returned Executed as to Deliah Deleon ; served on 8/27/2015. (apb)
August 20, 2015 Filing 89 Summons Issued along with USM 285 as to Hockley County, the Hockley County Commissioners Court, the Hockley County Sheriff's Department, Kevin Davis, Larry Sprowls, Curtis D. Thrash, Larry Carter, Joseph L. Barnett, Thomas Clevenger, Cliff Robinson, Stacey Sisk, Deliah DeLeon, and Elsa Cavazos. USMS given Summons, USM 285 forms, #88 Order, #1 Plaintiff's Complaint, #5 first amended Complaint, and the #52 USCA Opinion. (apb)
August 20, 2015 Opinion or Order Filing 88 ORDER: The Clerk of Court shall terminate Dr. Nadia Toor and the Southwest Rural Health Clinic as defendants on the docket. The Clerk shall unfile Document Numbers 66, 67, 68, 69, 70, 71, 72, 73, 74, and 80. Plaintiff's #85 Motion requesting permission to add Larry Sprowls as a Defendant is GRANTED. The Clerk shall add Larry Sprowls, County Judge of Hockley County, as a defendant. Plaintiff's #81 Motion requesting an extension of time, #83 Motion for permission to file interrogatories, and #86 Motion for the appointment of counsel are DENIED. The Clerk of Court is directed to complete a form USM-285 and a summons for each Defendant listed in this Order. The Clerk shall provide a copy of this Order to the United States Marshal, along with a form USM-285, the summons, and copies of Plaintiff's Complaint, first amended complaint, and the opinion in Edler v. Hockley County Commissioners Court. (Ordered by Judge Sam R Cummings on 8/20/2015) (apb)
August 20, 2015 ***Clerk's Notice of delivery: (see NEF for details) Docket No:88. Thu Aug 20 11:38:17 CDT 2015 (crt)
August 17, 2015 Filing 87 NOTICE of letter filed by Lawrence Elbert Edler with Deputy Clerk Response (Attachments: #1 Pro Se Correspondence) (apb)
August 17, 2015 ***Clerk's Notice of delivery: (see NEF for details) Docket No:87. Also mailed a courtesy copy of docket sheet Mon Aug 17 14:39:25 CDT 2015 (crt)
August 6, 2015 Filing 86 MOTION for Appointment of Counsel filed by Lawrence Elbert Edler (apb)
April 27, 2015 Filing 85 MOTION to Enjoin Hockley County's Commissioners Court Judge "Larry Sprowls" as a co-defendant filed by Lawrence Elbert Edler (apb)
April 27, 2015 Opinion or Order Filing 84 ORDER: The Court has considered Plaintiffs #56 Motion requesting 10 blank subpoenas filed on December 17, 2014, and finds that the motion should be DENIED as premature; no scheduling order has been entered. (Ordered by Judge Sam R Cummings on 4/27/2015) (apb)
April 27, 2015 ***Clerk's Notice of delivery: (see NEF for details) Docket No:84. Mon Apr 27 11:16:40 CDT 2015 (crt)
April 27, 2015 ***Clerk's Notice of delivery: (see NEF for details) Docket No:. Returned Copy to inmate Mon Apr 27 14:53:19 CDT 2015 (crt)
April 17, 2015 Filing 83 MOTION for request to file interrogatories filed by Lawrence Elbert Edler. (apb)
April 17, 2015 Filing 82 OBJECTION filed by Lawrence Elbert Edler re: #78 Findings and Recommendations on re: #1 Complaint, filed by Lawrence Elbert Edler. (apb)
April 17, 2015 Filing 81 MOTION for Extension of Time to File Response to #78 Findings and Recommendations on re: #1 Complaint, filed by Lawrence Elbert Edler. (apb)
April 13, 2015 Filing 80 ***UNFILED per #88 Order*** OBJECTION filed by Joseph L Barnett, Larry Carter, NFN Cavazos, NFN Cisc, Thomas Clevenger, Kevin Davis, NFN Deleon, Hockley Co. Commissioners Court, NFN Robertson, Curtis D Thrash re: #78 Findings and Recommendations on re: #1 Complaint, filed by Lawrence Elbert Edler. (Wade, Camie) Modified text on 8/20/2015 (apb).
April 8, 2015 Administrative Record consisting of one (1) volume of Hockley County Jail records received from NMK chambers and forwarded to SRC chambers. (cb)
March 30, 2015 Opinion or Order Filing 79 ORDER OF TRANSFER: The undersigned has filed a Report and Recommendation in this case. It is therefore ORDERED that the transfer of this case to the United States Magistrate Judge is terminated and the case is hereby transferred to the docket of the United States District Judge. This case shall hereinafter be designated as Civil Action Number 5:12-CV-168-C. (Ordered by Magistrate Judge Nancy M Koenig on 3/30/2015) (lkw)
March 30, 2015 Opinion or Order Filing 78 Report and Recommendations on #1 Complaint, filed by Lawrence Elbert Edler. The undersigned recommends that the United States District Court grant Defendants Barnett, Carter, Cavazos, Cisc, Clevenger, Davis, Deleon, Robertson, and Thrash's motion to dismiss with respect to Edler's claims for monetary damages in their official capacities only and deny their motion to dismiss in all other respects. The undersigned also recommends that the United States District Court deny Defendant Hockley County Commissioners' Court's motion to dismiss and enter a scheduling order in regard to this action. A copy of this Report and Recommendation shall be served on all parties in the manner provided by law. (Ordered by Magistrate Judge Nancy M Koenig on 3/30/2015) (lkw)
March 30, 2015 Opinion or Order Filing 77 ORDER denying #76 Motion for Magistrate Judge to disqualify herself on the basis of a reasonable question of bias and impartiality. Other than alleging that the undersigned's previous ruling suggests bias, Edler has not alleged any facts to suggest that the undersigned should be disqualified. Accordingly, Edler's motion shall be and is hereby DENIED. SO ORDERED. (Ordered by Magistrate Judge Nancy M Koenig on 3/30/2015) (lkw)
March 30, 2015 ***Clerk's Notice of delivery: (see NEF for details) Docket No:77,78,79. Mon Mar 30 16:53:54 CDT 2015 (crt)
March 19, 2015 Filing 76 MOTION 28:455 Plaintiff prays the Magistrate Judge to disqualify herself on the basis of a reasonable question of bias and impartiality. Filed by Lawrence Elbert Edler. (apb)
March 19, 2015 ***Clerk's Notice of delivery: (see NEF for details) Docket No:. Returned Copy of Motion to Edler Thu Mar 19 14:34:50 CDT 2015 (crt)
February 26, 2015 Filing 75 Status Request by Lawrence Elbert Edler. Mailed a courtesy copy of docket sheet to Mr. Edler. (bdg)
February 18, 2015 Filing 74 ***UNFILED per #88 Order*** DEMAND for Trial by Jury by Joseph L Barnett, Larry Carter, NFN Cavazos, NFN Cisc, Thomas Clevenger, Kevin Davis, NFN Deleon, Hockley Co. Commissioners Court, NFN Robertson, Curtis D Thrash. (Wade, Camie) Modified text on 8/20/2015 (apb).
February 18, 2015 Filing 73 ***UNFILED per #88 Order*** CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Joseph L Barnett, Larry Carter, NFN Cavazos, NFN Cisc, Thomas Clevenger, Kevin Davis, NFN Deleon, NFN Robertson, Curtis D Thrash. (Wade, Camie) Modified text on 8/20/2015 (apb).
February 18, 2015 Filing 72 ***UNFILED per #88 Order*** ANSWER to #1 Complaint, filed by Joseph L Barnett, Larry Carter, NFN Cavazos, NFN Cisc, Thomas Clevenger, Kevin Davis, NFN Deleon, NFN Robertson, Curtis D Thrash. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Wade, Camie) Modified text on 8/20/2015 (apb).
February 18, 2015 Filing 71 ***UNFILED per #88 Order*** Brief/Memorandum in Support filed by Hockley Co. Commissioners Court re #70 MOTION to Dismiss as to Hockley County Commissioner's Court (Wade, Camie) Modified text on 8/20/2015 (apb).
February 18, 2015 Filing 70 ***UNFILED per #88 Order*** MOTION to Dismiss as to Hockley County Commissioner's Court filed by Hockley Co. Commissioners Court (Wade, Camie) Modified text on 8/20/2015 (apb).
February 18, 2015 Filing 69 ***UNFILED per #88 Order*** Brief/Memorandum in Support filed by Joseph L Barnett, Larry Carter, NFN Cavazos, NFN Cisc, Thomas Clevenger, Kevin Davis, NFN Deleon, NFN Robertson, Curtis D Thrash re #68 Motion to Dismiss for Failure to State a Claim (Wade, Camie) Modified text on 8/20/2015 (apb).
February 18, 2015 Filing 68 ***UNFILED per #88 Order*** Motion to Dismiss for Failure to State a Claim filed by Joseph L Barnett, Larry Carter, NFN Cavazos, NFN Cisc, Thomas Clevenger, Kevin Davis, NFN Deleon, NFN Robertson, Curtis D Thrash (Wade, Camie) Modified text on 8/20/2015 (apb).
February 11, 2015 Filing 67 ***UNFILED per #88 Order*** CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Hockley Co. Commissioners Court. (Wade, Camie) Modified text on 8/20/2015 (apb).
February 11, 2015 Filing 66 ***UNFILED per #88 Order*** ANSWER to Complaint (Notice of Removal) filed by Hockley Co. Commissioners Court (Wade, Camie) Modified text on 8/20/2015 (apb).
January 20, 2015 Filing 65 Business Reply Card signed by Mary Leaks; re #63 Order to Answer. Signed on 1/14/2015. (bdg)
January 16, 2015 Filing 64 Business Reply Card signed by Stacy Schulle; re #63 Order to Answer. Signed on 1/14/15. (bdg)
January 13, 2015 Opinion or Order Filing 63 AMENDED ORDER TO ANSWER: It is, therefore, ORDERED that the Defendants shall file a written answer or other responsive pleading with respect to Edler's claims of excessive use of force and denial of adequate medical treatment during alcohol withdrawal within thirty (30) days from the date of receipt of this order. The Clerk shall send a copy of this order and a copy of Plaintiff's Complaint, any amended or supplemental complaint, and his Questionnaire Responses and Declaration to the following: (1) County Attorney, Hockley County, 802 Houston Street, Suite 211, Levelland, Texas, 79336; and (2) Hockley County Sheriff, 1310 Avenue H, Levelland, Texas, 79336, by certified mail, return receipt requested. It is further, ORDERED that the Clerk shall advise Defendants of their right to proceed before the United States Magistrate Judge by mailing, along with this order, the appropriate consent form and Miscellaneous Order No. 14 to the parties at the above addresses. If appropriate, Defendants shall file their consent form contemporaneously with their answer or other responsive pleading. (Ordered by Magistrate Judge Nancy M Koenig on 1/13/2015) (lkw)
January 13, 2015 Opinion or Order Filing 62 ORDER: The court entered an order to answer on December 24, 2014 (ECF No. 59). The court inadvertently directed the order to the Office of the Attorney General of Texas; however, the Office of the Attorney General of Texas does not represent the defendants in this case. Accordingly, the order to answer entered on December 24, 2014 (ECF No. 59) should be and is hereby VACATED. The court will enter an amended order to answer of even date herewith. (Ordered by Magistrate Judge Nancy M Koenig on 1/13/2015) (lkw)
January 13, 2015 ***Clerk's Notice of delivery: (see NEF for details) Docket No:62,63. with Miscellaneous Order 14 and consent form Tue Jan 13 16:11:32 CST 2015 (crt) Modified text on 1/14/2015 (lkw).
January 9, 2015 Filing 61 NOTICE of -Advisory to the Court filed by Office of the Attorney General (Dennis, Seth)
January 5, 2015 Filing 60 Business Reply Card signed by - Stamped by Mail Center at the Office of the Attorney General; re #59 Order to Answer; Signed on 12/29/14. (bdg)
December 24, 2014 Opinion or Order Filing 59 ***VACATED PER #62 ORDER***ORDER TO ANSWER: It is ORDERED that the Defendants shall file a written answer or other responsive pleading with respect to Edler's claims of excessive use of force and denial of adequate medical treatment during alcohol withdrawal within thirty (30) days from the date of receipt of this order by the Law Enforcement Defense Division of the Texas Attorney General's Office. The Clerk shall send a copy of this order and a copy of Plaintiff's Complaint, any amendedor supplemental complaint, and his Questionnaire Responses and Declaration, to Docketing, Law Enforcement Defense Division, Office of the Attorney General by certified mail, return receipt requested. It is further, ORDERED that the Clerk shall advise Defendant of his right to proceed before the United States Magistrate Judge by mailing, along with this order, the appropriate consent form to the Attorney General. (Ordered by Magistrate Judge Nancy M Koenig on 12/24/2014) (bdg) Modified text on 1/13/2015 (lkw).
December 24, 2014 Opinion or Order Filing 58 ORDER granting #54 Motion for Jury Trial on the claims remanded by the Fifth Circuit; denying #54 Motion to Appoint Counsel without prejudice to Edler's right to request appointment of counsel should circumstances change. (Ordered by Magistrate Judge Nancy M Koenig on 12/24/2014) (bdg)
December 24, 2014 ***Clerk's Notice of delivery: (see NEF for details) Docket No:58. Wed Dec 24 15:38:38 CST 2014 (crt)
December 24, 2014 ***Clerk's Notice of delivery: (see NEF for details) Docket No:59. cc: Docketing, Law Enforcement Defense Division, Office of the Attorney General by CMRRR # 7003 1680 0007 2527 6660; along with a copy of Plaintiff's complaint, any amended or supplemental complaint, his Questionnaire Responses and Declaration and Consent form. Wed Dec 24 15:40:41 CST 2014 (crt)
December 17, 2014 Filing 56 MOTION for Subpoenas filed by Lawrence Elbert Edler. (bdg)
December 11, 2014 Filing 55 NOTICE filed by Lawrence Elbert Edler. Courtesy copy of docket sheet mailed to Mr. Edler. (bdg)
November 24, 2014 Filing 54 MOTION for Jury Trial and MOTION to Appoint Counsel filed by Lawrence Elbert Edler. (bdg)
November 17, 2014 Filing 53 Status Request by Lawrence Elbert Edler with Deputy Clerk Response (Attachments: #1 Deputy Clerk Response) (lkw)
November 13, 2014 Filing 52 Opinion of USCA in accordance with USCA judgment, re #51 USCA Judgment/Mandate. The judgment is REVERSED as to Edler's claims of excessive force and denial of adequate medical treatment during alcohol withdrawal, AFFIRMED in all other respects, and REMANDED for further proceedings as needed. We express no view on what decisions the district court should make on remand. (lkw)
November 13, 2014 Filing 51 JUDGMENT/MANDATE of USCA as to #32 Notice of Appeal, filed by Lawrence Elbert Edler. It is ordered and adjudged that the judgment of the District Court is affirmed in part and reversed in part, and the cause is remanded to the District Court for further proceedings in accordance with the opinion of this Court. Issued as Mandate: 11/11/2014. (lkw) Modified text on 11/13/2014 (lkw).
November 13, 2014 Appeal Record Returned: One (1) volume of ORIGINAL Hockley County Records and Spears Hearing CD to USDC from USCA 5th Circuit (lkw)
October 20, 2014 Filing 50 NOTICE of courtesy copy of Motion to Expand Record sent to USCA 5th Circuit filed by Lawrence Elbert Edler (lkw)
October 1, 2014 Filing 49 Petitioner's Statement of Facts filed by Lawrence Elbert Edler. (lkw) (Main Document 49 replaced on 10/1/2014) (lkw).
May 19, 2014 Filing 48 Request for Copy of docket sheet to reference documents by Lawrence Elbert Edler (Attachments: #1 Deputy Clerk Response) (lkw)
February 24, 2014 Filing 47 Acknowledgment of Receipt from USCA 5th Circuit of one (1) Evidentiary (Live Spears) Hearing CD and one (1) volume of original Hockley County Records, re: #46 Appeal Record Certified/Transmitted. (lkw)
February 14, 2014 Filing 46 Record on Appeal for USCA5 13-10633 (related to #34 , #32 appeal): Record consisting of: 1 Volume(s) of original Hockley County records, 1 Audio Spears Evidentiary Hearing, transmitted to USCA5 per USCA5 request. Shipped: 1Z7585640396619785 (lkw)
January 10, 2014 Opinion or Order Filing 45 ORDER denying #36 Motion for Extension of Time to File Notice of Appeal.; denying #37 Motion for Relief from Dismissal; denying #42 Motion for Relief from Dismissal. On October 10, 2013, the record on appeal was certified to the United States Court of Appeals for the Fifth Circuit, thereby, divesting the jurisdiction of the district court. Therefore, Edler's motions are hereby DENIED. (Ordered by Judge Nancy M. Koenig on 1/10/2014) (lkw) Modified text on 1/10/2014 (lkw).
January 10, 2014 ***Clerk's Notice of delivery: (see NEF for details) Docket No:45. Fri Jan 10 10:57:16 CST 2014 (crt)
October 10, 2013 Record on Appeal for USCA5 13-10633 (related to #32 , #34 appeal): Record consisting of: 1 ECF electronic record, certified to USCA. To request a copy of the record (on disk or on paper), #contact the appeals deputy in advance to arrange delivery. (lkw)
September 27, 2013 Opinion or Order Filing 44 ORDER REGARDING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL: The #41 application for leave to proceed in forma pauperis on appeal is GRANTED. Appellant is assessed an initial partial filing fee of $0.00. Thereafter, the Appellant shall pay $455.00, the balance of the appeal fee in periodic installments. Clerk to mail separate copy of order to TDCJ Inmate Trust Account, PO Box 629, Huntsville, TX 77342. (Ordered by Magistrate Judge Nancy M Koenig on 9/27/2013) (lkw)
September 27, 2013 ***Clerk's Notice of delivery: (see NEF for details) Docket No:44. cc: TDCJ Inmate Accounting Fri Sep 27 11:29:33 CDT 2013 (crt)
September 26, 2013 Filing 43 Status Request by Lawrence Elbert Edler with Deputy Clerk Response (lkw)
September 9, 2013 Filing 42 MOTION for Relief from Dismissal, re #29 Order Dismissing Case as Frivolous,, filed by Lawrence Elbert Edler (lkw)
August 26, 2013 ***Clerk's Notice of delivery: (see NEF for details) Docket No:. Mon Aug 26 17:11:15 CDT 2013 (crt)
August 19, 2013 Filing 40 Status Request by Lawrence Elbert Edler with Deputy Clerk Response. (bdg)
July 30, 2013 Administrative Record consisting of one (1) volume of Hockley County Jail record received from NMK chambers. (lkw) Modified text on 7/30/2013 (lkw).
July 29, 2013 Filing 41 MOTION (Application) for Leave to Proceed in forma pauperis on appeal with certificate of trust account re #34 Notice of Appeal, #32 Notice of Appeal, filed by Lawrence Elbert Edler. (cb)
July 17, 2013 Opinion or Order Filing 39 APPELLATE FEE DEFICIENCY ORDER: Lawrence Elbert Edler must address the following deficiency: pay the $455.00 appeal fee or file with the Clerk the following: a signed Application to Proceed in Forma Pauperis, a certified copy of his inmate trust account statement, and a signed copy of the AUTHORIZATION portion of the Certificate of Inmate Trust Account. Failure to file the required documents will result in a denial of in forma pauperis and a Certificate of Inmate Trust Account and Authorization to Appellant along with a copy of this Order. Deadline to cure the deficiency is 20 days. (Ordered by Magistrate Judge Nancy M Koenig on 7/17/2013) (lkw)
July 17, 2013 ***Clerk's Notice of delivery: (see NEF for details) Docket No:39. Clerk mailed an application to proceed in forma pauperis and certificate of inmate trust account and authorization Wed Jul 17 14:15:26 CDT 2013 (crt)
July 8, 2013 Filing 38 Transcript Order Form: re #34 Notice of Appeal, #32 Notice of Appeal, transcript requested by Lawrence Elbert Edler for Evidentiary Hearing held on 02/21/2013 before Judge Nancy M. Koenig. (lkw)
July 8, 2013 Filing 37 MOTION to Certify Appeal and Provide Record re #34 Notice of Appeal, filed by Lawrence Elbert Edler (lkw)
June 27, 2013 Filing 36 Request for an Extension within which to file Notice of Appeal filed by Lawrence Elbert Edler (lkw)
June 18, 2013 Opinion or Order Filing 35 ORDER denying #31 Motion to Produce Findings and Transfer Case. (Ordered by Magistrate Judge Nancy M Koenig on 6/18/2013) (bdg)
June 18, 2013 Filing 34 NOTICE OF APPEAL to the Fifth Circuit as to #29 Order Dismissing Case as Frivolous and #30 Judgment by Lawrence Elbert Edler. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (bdg)
June 18, 2013 ***Clerk's Notice of delivery: (see NEF for details) Docket No:34. Also mailed transcript order form Tue Jun 18 13:37:56 CDT 2013 (crt)
June 18, 2013 ***Clerk's Notice of delivery: (see NEF for details) Docket No:35. Tue Jun 18 15:25:50 CDT 2013 (crt)
June 17, 2013 Filing 33 Request for Copy of Spears Hearing transcript by Lawrence Elbert Edler with Deputy Clerk Response. (lkw)
June 17, 2013 Filing 32 NOTICE OF APPEAL to the Fifth Circuit as to #30 Judgment, by Lawrence Elbert Edler. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (lkw)
June 17, 2013 ***Clerk's Notice of delivery: (see NEF for details) Docket No:32. Mon Jun 17 13:26:56 CDT 2013 (crt)
June 10, 2013 Filing 31 MOTION to Produce Findings and Transfer Case filed by Lawrence Elbert Edler (lkw)
May 30, 2013 Opinion or Order Filing 30 JUDGMENT: Of equal date herewith an Order of Dismissal having been entered, it is ORDERED and ADJUDGED that Plaintiff's Complaint and all claims alleged therein are dismissed. (Ordered by Magistrate Judge Nancy M Koenig on 5/30/2013) (bdg)
May 30, 2013 Opinion or Order Filing 29 ORDER DISMISSING CASE AS FRIVOLOUS. It is ORDERED that this action be DISMISSED with prejudice as frivolous pursuant to 28 U.S.C. 1915(e)(2) and 1915A. Dismissal of this action does not release Edler or the institution where he is incarcerated from the obligation to pay the filing fee previously imposed. This dismissal shall count as a qualifying dismissal under 28 U.S.C. 1915(g) and Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996). Any pending motions are denied as moot. (Ordered by Magistrate Judge Nancy M Koenig on 5/30/2013) (bdg)
May 30, 2013 ***Clerk's Notice of delivery: (see NEF for details) Docket No:29,30. Thu May 30 13:32:28 CDT 2013 (crt)
April 24, 2013 Filing 28 Status Request by Lawrence Elbert Edler with Deputy Clerk Response (lkw)
March 28, 2013 Filing 27 Status Request by Lawrence Elbert Edler with Deputy Clerk Response (Attachments: #1 Deputy Clerk Response) (lkw)
March 8, 2013 Filing 26 Supplemental Document: Compensating Statement by Lawrence Elbert Edler as to #1 Complaint. (lkw) Modified to correct file date on 3/12/2013 (lkw).
February 21, 2013 Filing 25 Minute Entry for proceedings held before Magistrate Judge Nancy M Koenig: Evidentiary (TELEVIDEO SPEARS) Hearing held on 2/21/2013. Case called. Consent previously given. Plaintiff sworn by Judge Koenig. Testimony of Plaintiff commenced. Appropriate orders to be entered by the Court and copies mailed to Plaintiff. Hearing adjourned. (Lost call at 3:04 and had to reconnect.) Attorney Appearances: Plaintiff - Pro Se; Defense - N/A. (Court Reporter: Digital File) (No exhibits) Time in Court - :35. (lkw)
February 7, 2013 Opinion or Order Filing 24 ORDER: Now before the court is Edler's Motion to File Habeas Corpus Petition. (ECF No. 22.) In the motion, Edler seeks to file his Petition for Writ of Habeas Corpus (which he titled "Motion to Assume Jurisdiction") (ECF No. 14) and his Pro-se Brief in Support of Habeas Corpus (ECF No. 16) as a separate cause of action. Having considered the motion and the applicable law, it is hereby ORDERED that Edler's Motion to File Habeas Corpus Petition is GRANTED. The Clerk is instructed to file and docket ECF Document Nos. 14 and 16 as a new and separate cause of action. SO ORDERED. (Ordered by Magistrate Judge Nancy M Koenig on 2/7/2013) (lkw)
February 7, 2013 ***Clerk's Notice of delivery: (see NEF for details) Docket No:24. Thu Feb 7 13:55:32 CST 2013 (crt)
February 4, 2013 Filing 23 Prisoner Consent by Lawrence Elbert Edler to Trial by Magistrate Judge. (lkw)
February 4, 2013 Filing 22 MOTION to File Habeas Corpus Petition filed by Lawrence Elbert Edler (lkw)
January 31, 2013 Administrative Record consisting of one (1) volume Hockley County records received by NMK Chambers. (lkw)
January 16, 2013 Opinion or Order Filing 21 ORDER denying #16 Request to Revisit (Ordered by Magistrate Judge Nancy M Koenig on 1/16/2013) (lkw)
January 16, 2013 ***Clerk's Notice of delivery: (see NEF for details) Docket No:21. Wed Jan 16 10:52:22 CST 2013 (crt)
January 15, 2013 Opinion or Order Filing 20 ORDER SETTING EVIDENTIARY HEARING: Evidentiary Hearing via video teleconferencing is set for 2/21/2013 02:00 PM before Magistrate Judge Nancy M Koenig. TDCJ officials are instructed to have Plaintiff present at a designated TDCJ facility with video teleconferencing capabilities. Hockley County Jail officials are instructed to provide the court with copies of relevant records pertaining to the specific allegations in Plaintiff's Complaint. An authorized custodian of the records of Hockley County Jail must execute the attached Certification of Business Records (Certification) and attach the executed Certification to the records provided to the court. The records and executed Certification must be provided to the court on or before January 31, 2013. The Clerk shall mail a copy of this Order to the listed TDCJ officials. In addition, the Clerk shall mail a copy of this Order, Plaintiff's Complaint, and any amended or supplemental complaint to the listed Hockley County officials. (Ordered by Magistrate Judge Nancy M Koenig on 1/15/2013) (bdg)
January 15, 2013 Opinion or Order Filing 19 ORDER granting #15 Motion to Amend Complaint. (Ordered by Magistrate Judge Nancy M Koenig on 1/15/2013) (bdg)
January 15, 2013 Opinion or Order Filing 18 ORDER denying #14 Motion To Assume Jurisdiction. If Edler wishes to proceed with his Petition for a Writ of Habeas Corpus, he may file his petition as a separate cause of action. For the foregoing reasons, Edler's motion is hereby DENIED. (Ordered by Magistrate Judge Nancy M Koenig on 1/15/2013) (bdg)
January 15, 2013 ***Clerk's Notice of delivery: (see NEF for details) Docket No:18,19,20. cc: Warden, TDCJ Byrd Unit, TDCJ Litigation Support - Office of General Counsel, TDCJ Clasification and Records Dept, Hockley County Sheriff, Hockley County Attorney - Doc. No. 20; Also mailed a copy of complaint to Hockley County officials Tue Jan 15 16:00:02 CST 2013 (crt)
January 7, 2013 Filing 17 Pro-Se Brief in Support of Habeas Corpus filed by Lawrence Elbert Edler, re #1 Complaint. (lkw)
January 4, 2013 Filing 16 Request to Revisit: re #6 MOTION to Appoint Counsel filed by Lawrence Elbert Edler (lkw)
December 10, 2012 Filing 15 MOTION to Amend #1 Complaint filed by Lawrence Elbert Edler (lkw)
November 30, 2012 Filing 14 MOTION to Assume Jurisdiction filed by Lawrence Elbert Edler (lkw)
November 16, 2012 Opinion or Order Filing 13 ORDER REASSIGNING CASE. The Plaintiff has been permitted to file his complaint and is acting pro se. After an initial review pursuant to 28 U.S.C. 1915, the Court is of the opinion that this case should be TRANSFERRED to the docket of the Honorable Nancy M. Koenig, United States Magistrate Judge, for further proceedings. This case shall hereafter be numbered Civil Action No. 5:12-CV-168-BG. Case reassigned to Magistrate Judge Nancy M Koenig for all further proceedings. Judge Sam R Cummings no longer assigned to case. (Ordered by Judge Sam R Cummings on 11/16/2012) (bdg)
November 16, 2012 ***Clerk's Notice of delivery: (see NEF for details) Docket No:13. Fri Nov 16 10:58:27 CST 2012 (crt)
November 14, 2012 Opinion or Order Filing 12 ORDER denying #10 Motion to Compel Compliance filed November 2, 2012. (Ordered by Judge Sam R Cummings on 11/14/2012) (lkw)
November 14, 2012 ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Wed Nov 14 10:40:51 CST 2012 (crt)
November 6, 2012 Opinion or Order Filing 11 ORDER denying #9 Motion for Physical Exam (Ordered by Judge Sam R Cummings on 11/6/2012) (bdg)
November 6, 2012 ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Tue Nov 6 10:00:17 CST 2012 (crt)
November 2, 2012 Filing 10 MOTION to Compel Compliance filed by Lawrence Elbert Edler (lkw)
October 24, 2012 Filing 9 MOTION for Physical Exam filed by Lawrence Elbert Edler (lkw)
October 12, 2012 Opinion or Order Filing 8 ORDER granting #5 Motion to Amend #1 Complaint ; denying #6 Motion to Appoint Counsel. It is ORDERED: Plaintiff's request to amend his complaint is construed to be a supplement to his original complaint and is GRANTED. Plaintiff s Motion to Appoint Counsel is DENIED without prejudice. (Ordered by Judge Sam R Cummings on 10/12/2012) (lkw)
October 12, 2012 ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Fri Oct 12 15:55:27 CDT 2012 (crt)
October 11, 2012 Opinion or Order Filing 7 PLRA Order For Partial Filing Fee in amount of $7.80 due. Plaintiff is granted leave to proceed in forma pauperis pursuant 28 U.S.C. 1915. Plaintiff is assessed an initial partial filing fee of $7.80. Thereafter, Plaintiff shall pay $342.20, the balance of the filing fee, in monthly installments as provided in 28 U.S.C. 1915(b)(2). The Clerk shall mail a copy of this Order to the inmate accounting office or other person(s) or entity with responsibility for assessing, collecting, and remitting to the Court the interim filing fee payments on behalf of inmates, as designated by the facility in which Plaintiff is confined. cc: TDCJ-ID Inmate Accounting Office, Kourtney Wilson - Financial. ( (Ordered by Judge Sam R Cummings on 10/11/2012) (clf)
October 11, 2012 ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Copy of order also mailed to TDCJ-ID Inmate Accounting Office Thu Oct 11 14:40:12 CDT 2012 (crt)
October 1, 2012 Filing 6 MOTION to Appoint Counsel filed by Lawrence Elbert Edler (cb)
October 1, 2012 Filing 5 MOTION to AMEND #1 Complaint, filed by Lawrence Elbert Edler (cb)
September 17, 2012 Filing 4 Notice and Instruction to Pro Se Party (lkw)
September 17, 2012 Filing 3 New Case Notes: A filing fee has not been paid. 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. (lkw)
September 17, 2012 Filing 2 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Lawrence Elbert Edler (lkw)
September 17, 2012 Filing 1 COMPLAINT against All Defendants filed by Lawrence Elbert Edler. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership (lkw)
September 17, 2012 ***Clerk's Notice of delivery: (see NEF for details) Docket No:3,4. Mon Sep 17 14:18:34 CDT 2012 (crt)

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Search for this case: Edler v. Hockley Co. Commissioners Court et al
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Plaintiff: Lawrence Elbert Edler
Represented By: Laura Jane Durfee
Represented By: Allison Lee Fuller
Represented By: C Shawn Cleveland
Represented By: Jasmine Selia Wynton
Represented By: Joseph Christian Van Asten
Represented By: Richard J Johnson
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Defendant: Hockley County Commissioners Court
Represented By: David Kerby
Represented By: Camie Wade
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Defendant: Curtis D. Thrash
Represented By: David Kerby
Represented By: Camie Wade
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Defendant: Larry Carter
Represented By: David Kerby
Represented By: Camie Wade
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Defendant: Joseph L. Barnett
Represented By: David Kerby
Represented By: Camie Wade
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Defendant: Thomas Clevenger
Represented By: David Kerby
Represented By: Camie Wade
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Defendant: (Ret.) Kevin Davis
Represented By: David Kerby
Represented By: Camie Wade
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Defendant: Cliff Robinson
Represented By: David Kerby
Represented By: Camie Wade
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Defendant: Stacey Sisk
Represented By: David Kerby
Represented By: Camie Wade
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Defendant: Deliah DeLeon
Represented By: David Kerby
Represented By: Camie Wade
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Defendant: Elsa Cavazos
Represented By: Camie Wade
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Defendant: Other Officers To Be Named
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Defendant: Dr. Nadia Toor, MD
Represented By: Camie Wade
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Defendant: Larry D. Sprowls
Represented By: David Kerby
Represented By: Camie Wade
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Defendant: Hockley County
Represented By: David Kerby
Represented By: Camie Wade
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Defendant: Hockley County Sheriff's Department
Represented By: David Kerby
Represented By: Camie Wade
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Defendant: Maximino Rodriguez
Represented By: Camie Wade
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Defendant: Ciro Chairez
Represented By: Camie Wade
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Defendant: Djuan Goswick
Represented By: Camie Wade
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Defendant: Nina Perez
Represented By: Camie Wade
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Defendant: Charles Rogers
Represented By: Camie Wade
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Defendant: Eric Ruiz
Represented By: Camie Wade
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Amicus curiae: Office of the Attorney General
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