Collins v. Chappell et al
| Bennie L. Collins |
| Prosecutor's Office, Lubbock County, State of Texas, State Attorney Office, FNU LNU, Mayor's Office, Byron Chappell, Lubbock County Parole Office, City of Lubbock, FNU LNU (5:19-cv-190 #1), FNU LNU (5:19-cv-190 #2) and FNU LNU (5:19-cv-190 #3) |
| 5:2019cv00190 |
| September 18, 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
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This docket was last retrieved on June 7, 2021. A more recent docket listing may be available from PACER.
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Filing 20
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 with prejudice until Plaintiff shows that he has met the conditions of Heck v. Humphrey, 512 U.S. 477 (1994). (Ordered by Judge James Wesley Hendrix on 6/7/2021) (krr)
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Filing 19
ORDER: Plaintiff's complaint is dismissed with prejudice' for failure to state a claim until such time as he meets the favorable termination requirement under Heck, or alternatively, until he obtains authorization from the Fifth Circuit to file a successive habeas petition. This dismissal shall count as a qualifying dismissal under 28 U.S.C. 1915 and Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996). See Lomax v. Ortiz-Marquez, _U.S._, 140 S. Ct. 1721 (2020). All relief not expressly granted is denied and any pending motions are denied. Judgment will be entered accordingly. (Ordered by Judge James Wesley Hendrix on 6/7/2021) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:19,20. Mon Jun 7 15:52:12 CDT 2021 (crt) |
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Filing 18
ORDER denying #15 Motion to Proceed before a Magistrate Judge (Ordered by Judge James Wesley Hendrix on 5/8/2020) (bdg)
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Filing 17
ORDER denying #14 Motion to Subpoena Records. (Ordered by Judge James Wesley Hendrix on 5/8/2020) (bdg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:17,18. Fri May 8 11:42:17 CDT 2020 (crt) |
| Filing 16 NOTICE of Change of Address for Pro Se litigant Bennie L. Collins. New address: 3621 Lehigh St., Lubbock, TX 79415. (bmh) |
| Filing 15 MOTION to Proceed before a Magistrate Judge filed by Bennie L. Collins (bdg) |
| Filing 14 MOTION to Subpoena Records filed by Bennie L. Collins. (bmh) |
| Filing 13 NOTICE: Order Returning Case to the United States Judge filed by Bennie L. Collins. (bmh) Modified text on 12/12/2019 (bmh). |
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Filing 12
PLRA FILING FEE ORDER: Plaintiff'S #2 Motion to Proceed in Forma Pauperis is granted. Plaintiff will not be assessed an initial partial filing fee. Plaintiff shall pay $350.00 in monthly installments as mandated by the PLRA. The Clerk mailed a copy of this order to the inmate accounting office. (Ordered by Judge James Wesley Hendrix on 11/14/2019) (zzm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Thu Nov 14 10:18:52 CST 2019 (crt) |
| Filing 11 CERTIFICATE OF INMATE TRUST ACCOUNT by Bennie L. Collins TDCJ # 116008. (zzm) |
| Filing 10 PRISONER CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE by Bennie L. Collins. (zzm) |
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Filing 9
ORDER denying #7 Motion to Appoint Counsel. Plaintiff's request for appointment of counsel is denied without prejudice to Plaintiff's right to request appointment of counsel after the Court has completed screening of his case or should there be a material change of circumstances. (Ordered by Judge James Wesley Hendrix on 10/22/2019) (zzm)
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Filing 8
DEFICIENCY SHOW CAUSE ORDER: Plaintiff did not comply with the previous Court's Order. Thus, the Court finds that Plaintiff shall have 20 days from the date of this order to file a certified copy of his inmate trust account statement; and a signed copy of the authorization portion of the certificate of inmate trust account form or a signed copy of any consent form or authorization that the institution having custody of Plaintiff requires to allow it to access a prisoner's inmate trust fund account, to collect funds from the account; or file a sworn affidavit or unsworn declaration made under penalty of perjury setting forth the specific steps he has taken to attempt to comply with the prior order, or his reasons for failing to comply, and attach copies of any relevant consent forms or other supporting information to Plaintiff's sworn affidavit or unsworn declaration. If Plaintiff fails to respond to this order, the Court will dismiss this cause without further notice. (Ordered by Judge James Wesley Hendrix on 10/22/2019) (zzm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8,9. Tue Oct 22 16:52:33 CDT 2019 (crt) |
| Filing 7 MOTION TO APPOINT COUNSEL filed by Bennie L. Collins (zzm) |
| Filing 6 PRISONER CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE by Bennie L. Collins. (zzm) |
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Filing 5
NOTICE OF DEFICIENCY ORDER: The Court finds that Plaintiff should, within 20 days from the date of this order, pay the filing fee of $400.00 or file with the clerk the following: a certified copy of his inmate trust account statement; a signed copy of the authorization portion of the certificate of inmate trust account form. Failures to file the required documents will result in the denial of in forma pauperis status and the dismissal of Plaintiff's Complaint for want of prosecution without further notice. Clerk mailed a certificate of inmate trust account with authorization to Plaintiff along with a copy of this Order. (Ordered by Judge James Wesley Hendrix on 9/23/2019) (bmh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Clerk mailed a certificate of inmate trust account with authorization to Plaintiff along with a copy of this Order. Mon Sep 23 14:23:32 CDT 2019 (crt) |
| Filing 4 Notice and Instruction to Pro Se Party. (bmh) |
| 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. (bmh) |
| Filing 2 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS WITH CERTIFICATE OF TRUST ACCOUNT filed by Bennie L. Collins. (bmh) Modified text on 10/2/2019 (zzm). |
| Filing 1 COMPLAINT against All Defendants filed by Bennie L. Collins. 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:1,2,3,4. Wed Sep 18 10:43:16 CDT 2019 (crt) |
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