Gonzales v. Balderas et al
| Louis Fred Gonzales |
| Mrs. NFN Watson, Lubbock County Detention Center Administrators, Wally Hatch, Hale County Sheriff, Coby Neil, Jerry Matthews, The Plainview P.D., Robert W Kincaid, Jr, Lupe Alaniz, Lubbock County, Lubbock Police Department, The City of Plainview, Lubbock County Sheriff's Office, Hale County Administrators, C.P.S. Supervisor, The Texas Commission on Jail Standards, Sunshine Stanek, NFN NLN, Lubbock County Detention Center, C.P.S. Caseworker, Lubbock County Sheriff, Hale County Jail, The City of Lubbock, Manuel Balderas, A.J. Chumacero's, Kregg Lowell Hukill, NFN A.J., Lubbock P.D. Officers, Child Protective Services, Hale County, Texas and Cindy Ermantinger |
| 5:2019cv00275 |
| December 30, 2019 |
| US District Court for the Northern District of Texas |
| D Gordon Bryant |
| Barbara M G Lynn |
| 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 May 26, 2021. A more recent docket listing may be available from PACER.
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Filing 24
Opinion of USCA in accordance with USCA judgment re #17 Notice of Appeal filed by Louis Fred Gonzales. Because Gonzales fails to raise any issues of arguable merit, his appeal is DISMISSED as frivolous. Gonzales is WARNED that, if he accumulates three strikes, he may not proceed in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. (bmh)
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Filing 23
JUDGMENT/MANDATE of USCA as to #17 Notice of Appeal filed by Louis Fred Gonzales. Issued as Mandate: 05/26/2021. IT IS ORDERED and ADJUDGED that the appeal is DISMISSED as frivolous. (Attachments: #1 Letter from USCA) (bmh)
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Filing 22
NOTICE of Change of Address for Pro Se litigant Louis Fred Gonzales. (krr)
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Record on Appeal for USCA5 20-10428 (related to #17 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (bmh)
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Filing 21
USCA letter advising appellant challenging district court denial of IFP status. PLRA appeal fees now due and prison authorities to be notified re: #17 Notice of Appeal filed by Louis Fred Gonzales. (Clerk note: TDCJ Inmate Trust Office has been electronically notified of this order and any relevant order assessing appeal fees.) (Attachments: #1 Order #20 ) (bmh)
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Filing 20
ORDER denying #19 Motion for Leave to Proceed In Forma Pauperis. The Court finds that Gonzaless application should be DENIED because the Court hereby CERTIFIES that any appeal taken in this action would not be taken in good faith for the reasons set forth in the United States Magistrate Judges Findings, Conclusions, and Recommendation, which this Court accepted on April 9, 2020. (Ordered by Chief Judge Barbara M. G. Lynn on 5/26/2020) (bmh)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Tue May 26 10:47:09 CDT 2020 (crt)
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Filing 19
MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Louis Fred Gonzales. (bmh)
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Filing 18
APPELLATE FEE DEFICIENCY ORDER: The Court finds that Appellant should, within twenty (20) days from the date of this Order, pay the appeal fee of $505.00 or file with the Clerk of Court the following: A signed Application to Proceed in Forma Pauperis; A certified copy of his inmate trust account statement; A signed copy of the AUTHORIZATION portion of the Certificate of inmate Trust Account. Clerk mailed Application to Proceed in Forma Pauperis and a Certificate of Inmate Trust Account and Authorization to Appellant along with a copy of this Order. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 5/7/2020) (bmh)
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USCA Case Number 20-10428 in USCA FIFTH CIRCUIT for #17 Notice of Appeal filed by Louis Fred Gonzales. (bmh)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:18. Thu May 7 15:17:50 CDT 2020 (crt)
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Filing 17
NOTICE OF APPEAL as to #15 Order Accepting/Adopting Findings and Recommendations,, #16 Order Dismissing Case as Frivolous,, Judgment, to the Fifth Circuit by Louis Fred Gonzales. 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. (bmh)
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***DISREGARD mailed incorrect document number. Clerk's Notice of delivery: (see NEF for details) Docket No:19. Mon Apr 27 17:14:03 CDT 2020 (crt) Modified text on 4/27/2020 (bmh).
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***Clerk's Notice of delivery: (see NEF for details) Docket No:17. Mon Apr 27 17:14:35 CDT 2020 (crt)
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Filing 16
JUDGMENT: IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Plaintiff's Amended Complaint is DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim upon which relief can be granted. (Ordered by Chief Judge Barbara M. G. Lynn on 4/9/2020) (bmh)
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Filing 15
ORDER ACCEPTING THE FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: #13 Findings and Recommendations on re: #12 Amended Complaint filed by Louis Fred Gonzales. The Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. Plaintiff's Amended Complaint (ECF No. #12 ) is therefore DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim upon which relief can be granted. (Ordered by Chief Judge Barbara M. G. Lynn on 4/9/2020) (bmh)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:15,16. Thu Apr 9 14:19:14 CDT 2020 (crt)
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Filing 14
PLAINTIFF'S REBUTTAL filed by Louis Fred Gonzales re: #13 Findings and Recommendations on re: #12 Amended Complaint filed by Louis Fred Gonzales. (bmh)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:13. Wed Mar 18 12:53:51 CDT 2020 (crt)
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Filing 13
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: #12 Amended Complaint filed by Louis Fred Gonzales. For the foregoing reasons, the undersigned recommends that the United States District Judge DISMISS with prejudice the Amended Complaint as frivolous and for failure to state a claim upon which relief can be granted. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 3/17/2020) (bmh)
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Filing 12
AMENDED COMPLAINT against All Defendants filed by Louis Fred Gonzales. 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. (egp) (Main Document 12 replaced on 3/11/2020) (egp).
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| Filing 11 MOTION to File an Amended Complaint re: #1 Complaint filed by Louis Fred Gonzales. (Attachments: #1 Amended Complaint) (bmh) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7,8. Remailed documents per updated address in 5:19-CV-191. Fri Feb 7 08:23:11 CST 2020 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7,8. Remailed documents per updated address in 5:19-CV-272 doc. 11 Mon Feb 3 08:58:41 CST 2020 (crt) |
| Filing 10 Mail returned as undeliverable. #8 Order on Motion for Miscellaneous Relief received back from Louis Fred Gonzales as RTS: Inmate Released. No address update from last filed document. The current document has not been re-mailed. (bmh) |
| Filing 9 Mail returned as undeliverable. #7 Order Directing Full Payment, received back from Louis Fred Gonzales as RTS: Inmate Released. No address update from last filed document. The current document has not been re-mailed. (bmh) |
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Filing 8
ORDER: Before the Court are Gonzales's Complaint and Motion to Supplement. ECF Nos. #1 , #5 . For the reasons stated herein, the Court ORDERS Gonzales to file an amended complaint within 21 days of the date of this Order and DENIES his Motion to Supplement. It is therefore ORDERED that Gonzales shall have twenty-one (21) days from the date of this Order to file an amended complaint that sets forth a short and plain statement of his claims against each defendant showing entitlement to relief, in compliance with Fed. R. Civ. P. 8. Gonzales shall title his document "Amended Complaint" and shall refrain from quoting legal authority and making legal arguments. Gonzales is further admonished that failure to comply with this Order may result in a recommendation that thedistrict judge dismiss this action with prejudice for failure to state a claim in accordance with Federal Rule of Civil Procedure 12(b)(6). (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 1/14/2020) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Tue Jan 14 16:30:14 CST 2020 (crt) |
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Filing 7
PLRA FILING FEE ORDER: Louis Fred Gonzales shall pay $350.00 in monthly installments as mandated by the PLRA. Clerk mailed this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 1/13/2020) (bmh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Mon Jan 13 11:36:27 CST 2020 (crt) |
| Filing 6 CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE, filed by Louis Fred Gonzales. (krr) |
| Filing 5 MOTION to Supplement #1 filed by Louis Fred Gonzales. (Attachments: #1 Attachment) (bmh) |
| Filing 3 New Case Notes: A filing fee has not been paid. File to: No court file needed. CASREF case referral set and case referred to Magistrate Judge Bryant (see Special Order 3). Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Bryant). Clerk to provide copy to plaintiff if not received electronically. (krr) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3,4. Tue Dec 31 11:54:47 CST 2019 (crt) |
| Filing 4 Notice and Instruction to Pro Se Party. (krr) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Louis Fred Gonzales. (krr) |
| Filing 1 COMPLAINT against All Defendants filed by Louis Fred Gonzales. 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. (krr) |
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