Dunsmore et al v. Mclane - TCCO Executive Director
| Richard A. Dunsmore and Felicia (Dunsmore) Richardson |
| Marsha Mclane - TCCO Executive Director |
| 5:2018cv00167 |
| July 16, 2018 |
| US District Court for the Northern District of Texas |
| Lubbock Office |
| Lubbock |
| D Gordon Bryant |
| Sam R Cummings |
| Prisoner Pet/Other: Civil Detainee-Conditions of Confinement |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 13, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Thu Sep 13 13:17:02 CDT 2018 (crt) |
| Filing 23 OBJECTION filed by Richard A. Dunsmore, Felicia (Dunsmore) Richardson re: #17 Findings and Recommendations on re: #1 Complaint, filed by Richard A. Dunsmore. (krd) |
| Filing 22 USCA Case Number 18-11175 in USCA Fifth Circuit for #18 Notice of Appeal, filed by Richard A. Dunsmore. (krd) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:20,21. Wed Sep 12 08:34:25 CDT 2018 (crt) Modified on 9/13/2018 (krd). |
Filing 21
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 without prejudice pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 9/11/2018) (krd)
|
|
Filing 20
ORDER OF DISMISSAL: As of the date of this order, Plaintiff has failed to pay the filing fee. It is, therefore, ORDERED that Plaintiff's Complaint and all claims alleged therein are dismissed without prejudice for want of prosecution in accordance with Federal Rule of Civil Procedure 41(b). Because the court is dismissing Plaintiff's claims, the court hereby WITHDRAWS the Report and Recommendation #17 , and Plaintiff's Motion for a Temporary Restraining Order #6 is DENIED as moot. The Court sees no reason to reconsider its August 21, 2018, order denying Plaintiff's requests to proceed IFP; accordingly, Plaintiff's Petition #19 is DENIED. Judgment shall be entered accordingly. SO ORDERED. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 9/11/2018) (krd)
|
| Filing 19 PETITION TO BE AFFORDED A PAYMENT PLAN IN THIS CASE, re: #16 Order on Motion for Leave to Proceed in Forma Pauperis, filed by Richard A. Dunsmore. (krd) |
| Filing 18 NOTICE OF INTERLOCUTORY APPEAL as to #16 Order on Motion for Leave to Proceed in Forma Pauperis, to the Fifth Circuit by Richard A. Dunsmore. 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. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (krd) |
|
Filing 17
REPORT AND RECOMMENDATION re: #1 Complaint, filed by Richard A. Dunsmore. For the foregoing reasons, the undersigned recommends that the United States District Court deny Dunsmore's request for injunctive relief (ECF No. #6 ). (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 8/27/2018) (krd)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:17. Mon Aug 27 08:43:55 CDT 2018 (crt) |
|
Filing 16
ORDER: Plaintiff's refusal to provide the requested information deprives the court of the ability to assess his IFP request fully and accurately. Accordingly, Plaintiff's pending motions for IFP #2 , #11 , and #14 are DENIED, and this action will be DISMISSED without prejudice unless Plaintiff tenders the $400.00 filing fee to the District Clerk within fourteen (14) days of the date of filing of this order. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 8/21/2018) (krd)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:16. Tue Aug 21 13:54:41 CDT 2018 (crt) |
| Filing 15 UNSWORN DECLARATION re: #14 MOTION for Leave to Proceed in forma pauperis, filed by Richard A. Dunsmore. (krd) |
| Filing 14 MOTION for Leave to Proceed in forma pauperis filed by Richard A. Dunsmore. (krd) |
| Filing 13 Certificate of Trust Account filed by Richard A. Dunsmore, TDCJ # 06526120. (krd) |
|
Filing 12
ORDER: Plaintiff has not complied with the July 26 order in the following respects: a revised Form AO 239 that accurately reports Plaintiffs monthly sources of income and a Copy of resident trust account statement for the one (1) year preceding Plaintiff's IFP Application. Plaintiff shall submit a revised form that accurately reports his average monthly income. Plaintiff should also explain the $372 monthly disability payment The Clerk of Court mailed a copy of the form with this order. Plaintiff shall file the above information with the Clerk within ten (10) days of the date of this order. All other relief sought in Plaintiff's motion 10 is DENIED. Failure to comply with this order will result in a denial of the IFP request and/or dismissal of this action. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 8/6/2018) (bmg) Modified on 8/6/2018 (bmg).
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. CLerk mailed a copy of the AO 239 to Plaintiff along with a copy of this Order Mon Aug 6 16:58:37 CDT 2018 (crt) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Richard A. Dunsmore and Felicia (Dunsmore) Richardson. (krd) |
| Filing 10 REQUEST FOR RECONSIDERATION and/or ASSISTANCE: Please see PDF Document Number #9 Reply, filed by Richard A. Dunsmore and Felicia (Dunsmore) Richardson. (krd) |
| Filing 9 REPLY TO 7/26/2018 ORDER filed by Richard A. Dunsmore and Felicia (Dunsmore) Richardson, re: #8 Order And Notice of Deficiency. (krd) |
|
Filing 8
ORDER: Plaintiff shall file a Completed Motion to Proceed IFP using the form promulgated by the Northern District of Texas for non-prisoner, civil litigants; a copy of resident trust account statement for the one (1) year preceding Plaintiff's IFP Application; An itemized receipt of items purchased, or a description of the items purchased; and a completed Texas Civil Commitment Office "Cost Recovery Worksheet for Clients in a Contracted Facility" form, if applicable to Plaintiff. If Plaintiff elects to submit unsworn declarations in response to the court's order, he should include the following statement: "I, Richard A. Dunsmore, declare under penalty of perjury that the foregoing information is true and correct." Plaintiff shall file the above information within ten (10) days of the date of this Order. Failure to comply with this order may result in a denial of the IFP request and/or dismissal of this action. The Clerk mailed to Plaintiff a copy of the motion to proceed IFP for non-prisoner, civil litigants, form AO 239. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 7/26/2018) (krd)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. The Clerk mailed a copy of Order #8 along with a Motion to Proceed IFP for non-prisoner, civil litigants form to Plaintiff Thu Jul 26 14:21:01 CDT 2018 (crt) |
|
Filing 7
ORDER: Case reassigned to Magistrate Judge D. Gordon Bryant, Jr for all further proceedings. Senior Judge Sam R Cummings no longer assigned to case. This case shall hereafter be numbered 5:18-CV-0167-BQ. (Ordered by Senior Judge Sam R Cummings on 7/25/2018) Modified text on 7/25/2018 (krd). (Main Document 7 replaced on 7/25/2018) (krd).
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Wed Jul 25 10:42:26 CDT 2018 (crt) |
| Filing 6 MOTION FOR A TEMPORARY RESTRAINING ORDER +/ OR PRELIMINARY INJUNCTION filed by Richard A. Dunsmore; Felicia (Dunsmore) Richardson. (krd) |
| Filing 5 CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE filed by Richard A. Dunsmore. (krd) |
| Filing 4 Notice and Instruction to Pro Se Party. (krd) |
| 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. (krd) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Richard A. Dunsmore, et al. (krd) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Marsha Mclane - TCCO Executive Director filed by Richard A. Dunsmore, Individually and on Behalf of Felicia (Dunsmore) Richardson. 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. (krd) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3,4. Mon Jul 16 15:46:35 CDT 2018 (crt) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
