Garcia v. Davis-Director TDCJ-CID
| Rogelio Garcia |
| Lorie Davis-Director TDCJ-CID |
| 5:2019cv00210 |
| October 3, 2019 |
| US District Court for the Northern District of Texas |
| D Gordon Bryant |
| James Wesley Hendrix |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on November 21, 2019. A more recent docket listing may be available from PACER.
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Filing 16
ORDER: The Clerk shall UNFILE document 15 and return it to Garcia at his last known address along with a copy of this Order. Should Garcia choose to file a motion for leave to file an amended complaint and proposed amended complaint, he must do so within twenty-one (21) days from the date of this Order. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 11/21/2019) (zzm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:16. Also returned Document Number 15 Thu Nov 21 16:44:45 CST 2019 (crt) |
| Filing 15 ***UNFILED PER DOCUMENT NUMBER #16 *** Amended Complaint against Lorie Davis-Director TDCJ-CID filed by Rogelio Garcia. 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. (zzm) Modified text to unfile on 11/21/2019 (zzm). |
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Filing 14
ORDER FOR AUTHENTICATED RECORDS: It is ORDERED that the officials and/or entities listed in this order 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 10, 2019. The Clerk mailed a copy of this order and Plaintiff's Complaint to the above-listed addresses. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 11/8/2019) (zzm)
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Filing 13
NOTICE OF AVAILABILITY OF MAGISTRATE JUDGE TO EXERCISE JURISDICTION. It is, therefore, ORDERED that the Clerk shall mail this notice, N.D. Texas Miscellaneous Order No. 14, and the attached consent form to Plaintiff. It is, further, ORDERED that if Plaintiff wishes to consent to proceed before a United States Magistrate Judge, Plaintiff must sign and date the attached consent form and return the completed form to the United States District Clerk, Northern District of Texas, Lubbock Division, within thirty (30) days from the receipt of this notice. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 11/8/2019) (Attachments: #1 Miscellaneous Order No. 14) (zzm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:13,14. Fri Nov 8 11:49:15 CST 2019 (crt) |
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Filing 10
ORDER TRANSFERRING THE CASE TO THE UNITED STATES MAGISTRATE JUDGE. The Court is of the opinion that this case should be transferred to the docket of the Honorable D. Gordon Bryant, Jr., United States Magistrate Judge, for further proceedings. This case will now be numbered Civil Action No. 5:19-CV-00210-BQ. Judge James Wesley Hendrix no longer assigned to case. (Ordered by Judge James Wesley Hendrix on 11/7/2019) (zzm) Modified on 11/7/2019 to correct signing judge (ctf). Modified date filed to 11/7/19 on 11/7/2019 (zzm).
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Filing 9
PLRA FILING FEE ORDER: Plaintiff's #5 Motion for leave to proceed in forma pauperis is granted. Plaintiff will not be assessed an initial partial filing fee; however, plaintiff will be required to pay the full filing fee of $350.00 in monthly installments as mandated by the PLRA. (Clerk note: TDCJ Inmate Trust Office has been electronically notified of this order.) (Ordered by Judge James Wesley Hendrix on 11/7/2019) (zzm) Modified to show date of 11/7/19 on 11/7/2019 (zzm).
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Filing 8
ORDER CONSOLIDATING CASES: Member case(s) 5:19-CV-222-H consolidated with lead case 5:19-CV-210-H. (Ordered by Judge James Wesley Hendrix on 11/7/2019) (zzm) Modified on 11/7/2019 (zzm). Modified on 11/8/2019 (bmh).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8,9,10. Wed Nov 6 17:04:15 CST 2019 (crt) |
| Filing 12 *** FROM CIVIL CASE NUMBER 5:19-CV-222-H*** 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 $400.00 or file with the Clerk the following: [X] A signed form application to proceed informa pauperis; and [X] A certified copy of his inmate trust account statement Failure 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, unless the filing fee of $400.00 is timely paid. Plaiantiff may obtain a form application to proceed informa pauperis and a certificate of his inmate trust account from the law library at his current prison unit. Deadline to cure the deficiency is 20 days. (zzm) |
| Filing 7 CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE by Rogelio Garcia. (zzm) |
| Filing 6 CERTIFICATE OF TRUST ACCOUNT by Rogelio Garcia TDCJ # 02152657. (zzm) |
| Filing 5 MOTION FOR LEAVE PROCEED IN FORMA PAUPERIS filed by Rogelio Garcia. (zzm) |
| Filing 11 *** FROM CIVIL CASE NUMBER 5:19-CV-222-H*** COMPLAINT against Lorie Davis-Director TDCJ-CID filed by Robelio Garcia. 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. (zzm) |
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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 $400.00 or file with the Clerk 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 Form or a Signed Copy of any Consent Form or Authorization that institution having custody requires to allow it to access a Prisoner's Inmate Trust Fund Account. Failure 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, unless the filing fee of $400.00 is timely paid. The Clerk mailed an application to proceed in forma pauperis and a certificate of inmate trust account with authorization to Plaintiff along with a copy of this order. (Ordered by Judge James Wesley Hendrix on 10/9/2019) (zzm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Wed Oct 9 16:08:57 CDT 2019 (crt) |
| Filing 3 NOTICE AND INSTRUCTION TO PRO SE PARTY (zzm) |
| Filing 2 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. (zzm) |
| Filing 1 COMPLAINT against Lorie Davis-Director TDCJ-CID filed by Rogelio Garcia. 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. (Attachments: #1 Exhibit 1) (zzm) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3. Thu Oct 3 15:08:32 CDT 2019 (crt) |
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| Plaintiff: Rogelio Garcia | |
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| Defendant: Lorie Davis-Director TDCJ-CID | |
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