Edwards v. Texas Civil Commitment And Correct Care et al
| Kevin W Edwards, Sr |
| Texas Civil Commitment And Correct Care and State of Texas |
| 5:2018cv00275 |
| November 29, 2018 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Prisoner Pet/Other: Civil Detainee-Conditions of Confinement |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on January 23, 2019. A more recent docket listing may be available from PACER.
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Filing 20
JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED Plaintiffs claims are DISMISSEDWITHOUT PREJUDICE for failure to pay the filing fee. (Ordered by Senior Judge Sam R Cummings on 1/23/2019) (bmg)
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Filing 19
ORDER: It is ORDERED that the Report and Recommendation #16 Findings and Recommendations on #1 is hereby ADOPTED as the findings and conclusions of the Court. For the reasons stated in the thorough and well-reasoned Report and Recommendation, Plaintiff's claims are DISMISSED WITHOUT PREJUDICE for failure to pay the filing fee. All relief not expressly granted by this Order is DENIED. (Ordered by Senior Judge Sam R Cummings on 1/23/2019) (bmg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:19,20. Wed Jan 23 11:01:17 CST 2019 (crt) |
| Filing 18 OBJECTIONS filed by Kevin W Edwards, Sr re: #16 Findings and Recommendations on #1 Complaint filed by Kevin W. Edwards, Sr. (krd) |
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Filing 17
ORDER OF TRANSFER Case reassigned to Senior Judge Sam R Cummings for all further proceedings. Magistrate Judge D. Gordon Bryant, Jr no longer assigned to case. The case shall hereinafter be designated as Civil Action Number 5:18-CV-275-C. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 1/15/2019) (bmg)
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Filing 16
REPORT AND RECOMMENDATION re: #1 Complaint filed by Kevin W Edwards, Sr. For the foregoing reasons, the undersigned recommends that the United States District Court dismiss Edwards's Complaint without prejudice for failure to pay the filing fee. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 1/15/2019) (bmg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:16,17. Tue Jan 15 11:14:27 CST 2019 (crt) |
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Filing 15
ORDER: Edwards failed to timely comply with the court's order, and the materials he belatedly filed are incomplete and non-compliant. The court therefore DENIES his request to proceed IFP for this reason alone. Accordingly, Edwards's motions to proceed IFP (ECF Nos. #2 , #14 ) are DENIED, and this action will be DISMISSED without prejudice unless Edwards tenders the $400.00 filing fee tothe District Clerk within fourteen (14) days of the date of filing of this order. (Ordered by D. Gordon Bryant, Jr. on 12/27/2018) Modified text on 12/27/2018 (krd).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Thu Dec 27 14:11:13 CST 2018 (crt) |
| Filing 14 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Kevin W Edwards, Sr (bmg) |
| Filing 13 Brief/Memorandum in Support filed by Kevin W Edwards, Sr re #1 Complaint. (bmg) |
| Filing 12 Mail returned as undeliverable. #8 Cummings (West Texas), #9 Notice and Instruction to Pro Se Party received back from Kevin W. Edwards Sr. as RTS: Refused- Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (bmg) |
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Filing 11
ORDER: It is ORDERED that Plaintiff shall provide the following information: Completed Motion to Proceed IFP using the form promulgated by the Northern District of Texas for non-prisoner, civil litigants (Form AO 239). The Clerk ofCourt shall mail a copy of the form with this order. 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. Completed Texas Civil Commitment Office "Cost Recovery Worksheet for Clientsin a Contracted Facility" form, if applicable to Plaintiff. Plaintiff shall file the above information with the Clerk 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. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 12/11/2018) (bmg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. CLerk mailed a copy of the AO 239 to Plaintiff along with a copy of this Order Tue Dec 11 10:01:45 CST 2018 (crt) |
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Filing 10
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 hereinafter be numbered 5:18-CV-275-BQ. (Ordered by Senior Judge Sam R Cummings on 12/6/2018) (bmg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Thu Dec 6 11:38:51 CST 2018 (crt) |
| Filing 9 Notice and Instruction to Pro Se Party (bmg) |
| Filing 8 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. (bmg) |
| Filing 7 Case electronically transferred in from District of Texas Eastern; Case Number 1:18-cv-00521. 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. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8,9. Also mailed a copy of the NEF of document #7 Thu Nov 29 13:43:33 CST 2018 (crt) |
| Filing 6 Mail Returned as Undeliverable: #4 Memorandum Opinion and #5 Order of Transfer sent to Kevin Edwards Sr. Envelope is marked "not at this address" (tkd, ) [Transferred from Texas Eastern on 11/29/2018.] |
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Filing 5
ORDERED that the Clerk of Court shall transfer the above-styled action to the Clerk of the United States District Court for the Northern District of Texas, Lubbock Division. Signed by Magistrate Judge Keith F. Giblin on 11/5/2018. (bjc, ) [Transferred from Texas Eastern on 11/29/2018.]
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| Filing 4 MEMORANDUM OPINION regarding venue. Signed by Magistrate Judge Keith F. Giblin on 11/5/2018. (bjc, ) [Transferred from Texas Eastern on 11/29/2018.] |
| ***Civil Case Terminated. (bjc, ) [Transferred from Texas Eastern on 11/29/2018.] |
| Filing 3 Mail Returned as Undeliverable. Mail sent to Kevin W Edwards Sr. Notice of Case Assignment. Envelope states "RTS not at this address". (bjc, ) [Transferred from Texas Eastern on 11/29/2018.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Kevin W Edwards, Sr. (aam, ) [Transferred from Texas Eastern on 11/29/2018.] |
| Filing 1 COMPLAINT against State of Texas, Texas Civil Commitment And Correct Care, filed by Kevin W Edwards, Sr. (Attachments: #1 Envelope)(aam, ) [Transferred from Texas Eastern on 11/29/2018.] |
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ORDER REFERRING CASE to Magistrate Judge Keith F. Giblin pursuant to GO 05-04 (aam, ) [Transferred from Texas Eastern on 11/29/2018.]
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