Santos v. Michael Welty et al.
| Jacinto Guzman Santos and Jacinto Guzman Santos, Jr. |
| NFN NLN, City of Lubbock, Michael Welty, Greg Stevens, Cindy Ermantinger and Christopher Mondragon |
| 5:2019cv00165 |
| August 14, 2019 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 3, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 33 Mail returned as undeliverable. #32 Judgment, #31 Order on Motion to Dismiss, received back from Jacinto Guzman Santos, Jr. as No Longer Here. No address update from last filed document. The current document has not been re-mailed. (lkw) |
Filing 32
JUDGMENT: For the reasons stated in the Court's order entered today, it is ordered, adjudged, and decreed that this civil-rights complaint is dismissed without prejudice for want of prosecution. (Ordered by Judge James Wesley Hendrix on 6/16/2021) (lkw)
|
|
Filing 31
ORDER granting Defendant's #29 Motion to Dismiss. Plaintiff has not complied with the prior instructions of the Court to maintain a current address with the Court and has filed no responsive pleadings to any order in over nine months. Accordingly, the Court grants Defendants' motion to dismiss. All claims are dismissed without prejudice for failure to prosecute under Fed. R. Civ. P. 41 (b). Any pending motions are denied. Judgment will be entered accordingly. Plaintiff is admonished that if he re-files his complaint, he must file a complete amended complaint on the court-approved form and either pay the full filing fee of $402.00 or file an application to proceed in forma pauperis. (Ordered by Judge James Wesley Hendrix on 6/16/2021) (lkw)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:31,32. Wed Jun 16 14:17:01 CDT 2021 (crt) |
| Filing 30 Brief/Memorandum in Support filed by Christopher Mondragon re #29 MOTION to Dismiss (Hartsell, Jeff) |
| Filing 29 MOTION to Dismiss filed by Christopher Mondragon with Brief/Memorandum in Support. Attorney Jeff C Hartsell added to party Christopher Mondragon(pty:dft) (Hartsell, Jeff) |
| Filing 28 Mail returned as undeliverable. #27 Order Setting Deadline/Hearing received back from Jacinto Guzman Santos, Jr. as RTS: No Longer Here. No address update from last filed document. The current document has not been re-mailed. (bmh) |
|
Filing 27
ORDER REQUIRING A MOTION ON QUALIFIED IMMUNITY: Defendants Welty and Mondragon are ordered to file a motion for summary judgment with supporting evidence on the issue of qualified immunity no later than July 1, 2021. The summary-judgment motion, any response, and any reply must comply with the requirements of the Local Civil Rules of the Northern District of Texas. After Defendants Welty and Mondragon file their motion for summary judgment, the Court will issue a further order setting forth procedures and deadlines for any possible request for limited discovery related to the affirmative defense of qualified immunity. Plaintiff may file a response by no later than 30 days from the date shown on the certificate of service attached to the motion for summary judgment. (Ordered by Judge James Wesley Hendrix on 3/24/2021) (zzm)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:27. Wed Mar 24 09:27:09 CDT 2021 (crt) |
| Filing 26 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Michael Welty. (Hartsell, Jeff) |
| Filing 25 ANSWER to #1 Complaint filed by Michael Welty and Christopher Mondragon. 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. Attorney Jeff C Hartsell added to party Michael Welty(pty:dft) (Hartsell, Jeff) Modified text on 2/19/2021 (bmh). |
| Filing 24 SUMMONS and USM 285 Returned Executed as to Christopher Mondragon ; served on 2/1/2021. (bmh) |
| Filing 23 SUMMONS and USM 285 Returned Executed as to Michael Welty ; served on 2/1/2021. (bmh) |
| Filing 22 SUMMONS ISSUED WITH USM285 as to Christopher Mondragon, Michael Welty. Copy of Order Directing Service by the United States Marshal, Plaintiff's Complaint, a copy of the Findings, Conclusions and Recommendation of the United States Magistrate Judge (Dkt. No. 13), the order accepting the Magistrate Judge's recommendation, and this order to the USM for each of the remaining named Defendants provided to the United States Marshal with this Summons and USM-285 (bmh) |
|
Filing 21
ORDER DIRECTING SERVICE BY THE UNITED STATES MARSHAL AND FOR DEFENDANT TO ANSWER: Defendants Welty and Mondragon will be required to file an answer, motion, or other responsive pleading to the complaint #1 . The Court expresses no opinion as to the lawfulness of the Defendants' actions by requiring an answer, and nothing in this order constitutes an adverse finding as to their conduct. Under 28 U.S.C. S 1915(d) and Federal Rule of Civil Procedure 4(c)(3), Plaintiff is entitled to have the summons and pleading served upon the Defendants by the United States Marshals Service (USM). (Ordered by Judge James Wesley Hendrix on 1/22/2021) (bmh)
|
|
Filing 20
FINAL JUDGMENT UNDER FEDERAL RULE OF CIVIL PROCEDURE 54(b) : For the reasons stated in the Court's order entered today, and because there is no just reason for delay in entering final judgment under Rule 54(b), it is ordered, adjudged, and decreed that Plaintiff's conspiracy claims against all of the Defendants are dismissed with prejudice. Plaintiff's claims that Officer Michael Welty falsified his police report are dismissed with prejudice. (Ordered by Judge James Wesley Hendrix on 1/22/2021) (bmh)
|
|
Filing 19
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Plaintiff's claims that Defendants City of Lubbock, Michael Welty, other unnamed officers, and Chief Gregg Stevens conspired to violate his rights, and his claims that Defendant Michael Welty falsified government documents, are dismissed with prejudice for failure to state a claim. The Court will enter a separate order directing service by the United States Marshal and for Defendants Michael Welty and Christopher Mondragon to answer. The Clerk added Christopher Mondragon as a defendant on the docket in this case. The caption of this case is changed to Jacinto Guzman Santos, Jr. v. Michael Welty, et al., to reflect that the only remaining Defendants in this case ale Michael Welty and Christopher Mondragon. (Ordered by Judge James Wesley Hendrix on 1/22/2021) (bmh)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:19,20,21. Fri Jan 22 14:45:57 CST 2021 (crt) |
| Filing 18 NOTICE of Change of Address for Pro Se litigant Jacinto Guzman Santos, Jr. New address: P.O. Box 1617, Eden, Texas 76837. Document received over the counter in the U.S. District Clerk's Office. (lkw) |
| Filing 17 OBJECTION filed by Jacinto Guzman Santos, Jr re: #13 Findings and Recommendations on re: #1 Complaint filed by Jacinto Guzman Santos, Jr.. (bmh) |
| Filing 16 RESPONSE filed by City of Lubbock re: #14 Order,,, (Grace, John) |
|
Filing 15
ORDER OF TRANSFER: Case reassigned to Judge James Wesley Hendrix for all further proceedings. Magistrate Judge D. Gordon Bryant, Jr no longer assigned to case. This case shall hereinafter be designated as Civil Action Number 5: 19-CV-165-H. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 4/27/2020) (bmh)
|
|
Filing 14
ORDER: The City of Lubbock is ORDERED to identify the male officer shown in Officer Welty's bodycam footage who appears to apply force to the back of Santos's neck or upper torso in assisting Officer Welty with arresting and apprehending Santos. The City of Lubbock shall have seven (7) days from the date of this Order within which to provide the Court with the information required herein. Clerk transmitted to the City of Lubbock a copy of this Order, together with a copy of: (1) the undersigned's findings, conclusions, and recommendation dated April 27, 2020; and (2) Plaintiff's Complaint or most recent amended complaint, and any supplements thereto. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 4/27/2020) (bmh)
|
|
Filing 13
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE : For these reasons, the undersigned recommends that the United States District Court dismiss with prejudice Santos's claims that Officer Welty, other officers, the City of Lubbock, and Chief Stevens conspired to violate Santos's rights. The undersigned further recommends that the United States District Court dismiss with prejudice Santos's claim seeking damages on the basis that Officer Welty falsified his police report. The undersigned further recommends that the United States District Court order Detective Mondragon, or the officer identified by the City of Lubbock in response to this Court's order of even date, to answer or otherwise plead to Santos's claim of excessive force. This recommendation is simply a product of the screening process and current state of the record. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 4/27/2020) (bmh)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:13,14,15. Mon Apr 27 17:05:45 CDT 2020 (crt) |
| Filing 12 Minute Entry for proceedings held before Magistrate Judge D. Gordon Bryant, Jr: Evidentiary Hearing held on 12/19/2019. Case called. Plaintiff admonished of his right to consent to proceed before the U.S. Magistrate Judge. Consent NOT given. Plaintiff sworn CRD. Plaintiff questioned by Judge Bryant. Testimony of Plaintiff commenced. Report to be prepared and case transferred to U.S. District Judge James Wesley Hendrix. Hearing adjourned. Attorney Appearances: Plaintiff - N/A; Defense - N/A. (Court Reporter: Digital File) (No exhibits) Time in Court - :46. (bmh) |
|
Filing 11
ORDER SETTING EVIDENTIARY HEARING: The hearing shall be held on December 19, 2019, at 2:00 p.m. before the United States Magistrate Judge at George H. Mahon Federal Building, 1205 Texas Avenue, Room 214, Lubbock, Texas. TDCJ officials are instructed to have Plaintiff present at the hearing. Clerk mailed copy of this Order, Plaintiffs Complaint, any amended or supplemental complaints, and any responses to the Court's questionnaires to the above-listed TDCJ officials. Clerk e-mailed Melissa Marx with TDCJ a copy of this Order. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 11/27/2019) (bmh)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Wed Nov 27 12:15:40 CST 2019 (crt) |
| Authenticated Records re: #10 received and maintained in JGB's Chambers. (bmh) |
| Authenticated Records re: #10 received and maintained in JGB's Chambers. (bmh) |
|
Filing 10
ORDER FOR AUTHENTICATED RECORDS: It is therefore ORDERED that the above-listed officials and/or entities shall provide the Court with authenticated and verified copies of any and all records pertaining to the specific allegations in Plaintiff's Complaint. The records and executed Certification must be provided to the Court on or before December 2, 2019. Clerk mailed a copy of this order and Plaintiff's Complaint to the above-listed address. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 10/29/2019) (bmh)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Tue Oct 29 16:17:59 CDT 2019 (crt) |
|
Filing 9
ORDER TRANSFERRING THE CASE TO THE UNITED STATES MAGISTRATE JUDGE: Case reassigned to Magistrate Judge D. Gordon Bryant, Jr for all further proceedings. Judge James Wesley Hendrix no longer assigned to case. This case will now be numbered Civil Action No. 5:19-CV-00165-BQ. (Ordered by Judge James Wesley Hendrix on 10/28/2019) (bmh)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Mon Oct 28 10:54:58 CDT 2019 (crt) |
| Filing 8 Prisoner's Non-Consent by Jacinto Guzman Santos, Jr to Trial by Magistrate Judge. (Attachments: #1 Clerk's correspondence letter) (bmh) (Attachment 1 replaced on 10/23/2019) (bmh). |
| Filing 7 Request for Copy of document #3 and an Application to Proceed In Forma Pauperis by Jacinto Guzman Santos, Jr with deputy clerk response. (Attachments: #1 Clerk's correspondence letter) (bmh) |
| Filing 6 NOTICE of Change of Address for Pro Se litigant Jacinto Guzman Santos, Jr. New address: Rudd Unit: 2004 Lamesa Highway, Brownfield, TX 79316. Clerk's correspondence letter mailed to Jacinto Guzman re: address change. (bmh) (Additional attachment(s) added on 10/1/2019: #1 Clerk's Correspondence Letter) (bmh). |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Clerk remailed this document to new updated address at the Rudd Unit. Tue Oct 1 14:32:35 CDT 2019 (crt) |
| Filing 5 Mail returned as undeliverable. #4 Order And Notice of Deficiency received back from Jacinto Guzman Santos, Jr. as RTS: Inmate Released. No address update from last filed document. The current document has not been re-mailed. (bmh) |
|
Filing 4
NOTICE OF DEFICIENCY AND ORDER: The Court finds that Plaintiff should, within 20 days from the date of this Order, pay the filing fee of $400.00r or file with the Clerk the following: A signed form 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. Clerk mailed a form application to proceed in forma pauperis and a certificate of inmate trust account and authorization to Plaintiff along with a copy of this Order. (Ordered by Judge James Wesley Hendrix on 9/17/2019) (bmh)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Clerk mailed a form application to proceed in forma pauperis and a certificate of inmate trust account and authorization to Plaintiff along with a copy of this Order. Tue Sep 17 11:15:23 CDT 2019 (crt) |
| 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. (bdg) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Wed Aug 21 13:50:16 CDT 2019 (crt) |
| Filing 2 Notice and Instruction to Pro Se Party (bmh) |
| Filing 1 COMPLAINT against All Defendants filed by Jacinto Guzman Santos. 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. (bmh) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Wed Aug 14 10:16:53 CDT 2019 (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.
