Wilson v. Texas Civil Commitment Center Facility Director
| Gerald B Wilson |
| Texas Civil Commitment Center Facility Director |
| 5:2020cv00267 |
| November 12, 2020 |
| US District Court for the Northern District of Texas |
| D Gordon Bryant |
| James Wesley Hendrix |
| Prisoner Pet/Other: Civil Detainee-Conditions of Confinement |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 28, 2021. A more recent docket listing may be available from PACER.
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Filing 15
REPORT AND RECOMMENDATION RE: #1 Complaint, and #2 Motion for Leave to Proceed in forma pauperis filed by Gerald B Wilson: After considering Wilson's motion and applicable law, the Court recommends that the motion be DENIED without prejudice to Wilson's right to request injunctive relief in the future should circumstances change. For the foregoing reasons, the undersigned recommends that the United States District Court DENY Wilson's request for injunctive relief (ECF No. #1 ). (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 12/22/2020) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Tue Dec 22 14:01:35 CST 2020 (crt) |
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Filing 14
ORDER FOR AUTHENTICATE RECORDS: It is therefore ORDERED that the entities and/or officials listed in this Order shall provide the Court with authenticated and verified copies of any and all records pertaining to the specificallegations in Plaintiff's Complaint and any amended complaint. The records and executed Certification must be returned to the Court on or before January 18, 2021. The Clerk mailed a copy of this Order and Plaintiff's Complaint and any amended complaint to the above-listed addresses. (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 12/17/2020) (krr)
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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 12/17/2020) (Attachments: #1 Lubbock Miscellaneous Order No. 14) (krr)
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Filing 12
ORDER PERMITTING FILING IN FORMA PAUPERIS: After reviewing the motion, theundersigned hereby GRANTS Plaintiff leave to proceed in forma pauper is in accordance with 28 U.S.C. 1915. The Clerk shall file Plaintiff's pleadings without repayment of costs or security therefor. (Clerk mailed this order to the Finance at the Texas Civil Commitment Center.) (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 12/17/2020) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Thu Dec 17 10:40:32 CST 2020 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:13,14. Clerk mailed Misc Order No 14 with #13 and the attached consent form; and Clerk mailed Order for authenticated records plaintiff's complaint/amended complaint to the listed officials in the order. Thu Dec 17 10:47:46 CST 2020 (crt) |
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Filing 11
SECOND NOTICE OF DEFICIENCY ORDER: The Court therefore ORDERS that Plaintiff shall have ten (10) days from the date of this Order to (1) file a proper 1983 Complaint and (2) pay the filing fee of $400.00 or file with the Clerk the necessary information to proceed IFP. (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 12/15/2020) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Tue Dec 15 16:56:17 CST 2020 (crt) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis filed by Gerald B. Wilson. (krr) |
| Filing 9 DECLARATION OF GERALD B. WILSON UNDER PENALTY OF PERJURY filed by Gerald B. Wilson RE: #8 Complaint. (krr) |
| Filing 8 COMPLAINT WITH JURY DEMAND against Texas Civil Commitment Center Facility Director filed by Gerald B Wilson. 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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Filing 7
ORDER: The Court has considered Plaintiff's motion and applicable law, and orders that the request to appoint counsel is hereby DENIED without prejudice to Plaintiff's right to request appointment of counsel should circumstances change, and the request for extension of time to comply with the Court's deficiency order is GRANTED.The Court finds that Plaintiff should, within fourteen (14) days from the date of this Order, pay the filing fee of $400.00 or file with the Clerk 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), Copy of resident trust account statement for the one (1) year preceding Plaintiff's IFP Application and For each commissary purchase an itemized receipt of items purchased, or a description of the items purchased. Clerk mailed form AO 239 to Plaintiff along with a copy of this Order. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 11/25/2020) (bmh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Clerk mailed a copy of AO 239 to Plaintiff Wed Nov 25 10:46:32 CST 2020 (crt) |
| Filing 6 MOTION to Extend Time and Request for Counsel, RE: #5 Notice of Deficiency and Order filed by Gerald B Wilson (lkw) |
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Filing 5
NOTICE OF DEFICIENCY AND ORDER: The Court finds that Plaintiff should, within fourteen (14) days from the date of this Order, (1) file a proper 1983 Complaint, and (2) pay the filing fee of $400.00 or file with the Clerk the following information: A 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 of Court mailed a copy of the form with this Order; A Copy of resident trust account statement; For each commissary purchase an itemized receipt of items purchased; a Completed Texas Civil Commitment Office "Cost Recovery Worksheet for Clients in a Contracted Facility" form, if applicable to Plaintiff. Failure to comply with this Order may result in dismissal of this action. See Fed. R. Civ. P. 4l(b); see also Nottingham v. Warden, Bill Clements Unit, 837 F.3d 438,440 (5th Cir. 2016) (acknowledging that Rule 41 authorizes courts to sua sponte dismiss an action if plaintiff fails to comply with comply orders). (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 11/16/2020) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Clerk of Court mailed AO239 form with this Order. Mon Nov 16 10:27:23 CST 2020 (crt) |
| Filing 4 Notice and Instruction to Pro Se Party. (krr) |
| Filing 3 New Case Notes: A filing fee has not been paid. 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. Clerk to provide copy to plaintiff if not received electronically. (krr) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Gerald B. Wilson. (krr) |
| Filing 1 COMPLAINT against Texas Civil Commitment Center Facility Director filed by Gerald B Wilson. 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) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3,4. Thu Nov 12 11:52:11 CST 2020 (crt) |
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| Defendant: Texas Civil Commitment Center Facility Director | |
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| Plaintiff: Gerald B Wilson | |
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