McDavid v. Smith Unit et al
| Roy Lynn McDavid |
| Ranking Officers, Smith Unit, Deputy Clerk, Tyler Ham, Michael Miller, Criminal Justice I.D., Smith Unit Administration, Theresa Reimer, Alfred Jiminez, Cody R. Parker, Charles Miller, Texas Department, Latesha Brown, Sabrina G. Stouth, Adam Gonzalez, David S. Dyer, Robbin Rebber and Richard E. Aynes |
| 5:2021cv00018 |
| January 22, 2021 |
| US District Court for the Northern District of Texas |
| D Gordon Bryant |
| James Wesley Hendrix |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
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Filing 17
CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE with notice filed by Roy Lynn McDavid. (krr)
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Filing 16
ORDER: The Court ORDERS McDavid, within thirty (30) days from the date of this Order, to file a motion to amend his Amended Complaint. The Clerk shall send McDavid a copy of the standard prisoner complaint form promulgated by the Northern District of Texas, reflecting this cause number and entitled "Amended Complaint," along with a copy of this Order. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). (Ordered by Judge D. Gordon Bryant, Jr. on 3/8/2021) (krr) Modified on 3/10/2021 (krr).
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***Clerk's Notice of delivery: (see NEF for details) Docket No:16. Mon Mar 8 14:32:04 CST 2021 (crt) Clerk mailed amended complaint form along with this order. Modified on 3/8/2021 (krr).
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Filing 15
ORDER FOR AUTHENTICATED 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 specific allegations in Plaintiff's Complaint and any amended complaint. An authorized custodian of the records must execute the attached Certification of Business Records (Certification) and attach the executed Certification to the records provided to the Court. The records and executed Certification must be returned to the Court on or before April 6, 2021. The Clerk shall mail a copy of this Order and Plaintiff's Complaint and any amended complaint to the above-listedaddresses. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 3/5/2021) (krr)
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Filing 14
Notice of Availability of Magistrate Judge to Exercise Jurisdiction. (Clerk to send Consent Form as directed.) If appropriate, party(ies) should return the signed consent form to the clerk within thirty (30) days from receipt of Notice. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 3/5/2021) (Attachments: #1 Lubbock Miscellaneous Order No. 14) (krr)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:14,15. Clerk mailed Order #14 along with Lubbock Misc Order no. 14 and consent form to Plaintiff; and Clerk also mailed Order #15 to Plaintiff and to the listed officials in the Order along with supporting documentation. Fri Mar 5 11:07:55 CST 2021 (crt)
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Filing 13
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. 5:21-CV-00018-BQ. (Ordered by Judge James Wesley Hendrix on 3/3/2021) (krr)
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Filing 12
ORDER: Plaintiff filed two requests (Dkt. Nos. #5 , #6 ) for additional time to comply with the Court's notice of deficiency and order. Plaintiff filed the required documents a few days later. (See Dkt. Nos. #7 , #8 , and #9 .) Plaintiff's motions are granted, and the Court accepts the late-filed documents for filing. (Ordered by Judge James Wesley Hendrix on 3/3/2021) (krr)
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Filing 11
PLRA FILING FEE ORDER: Plaintiff is granted leave to proceed in forma pauperis under 28 U.S.C. 1915. Roy Lynn McDavid shall pay $350.00 in monthly installments as mandated by the PLRA. (Clerk note: TDCJ Inmate Trust Office has been electronically notified of this order and Clerk also mailed a copy to the inmate accounting office where inmate resides.) (Ordered by Judge James Wesley Hendrix on 3/3/2021) (krr) Modified text on 3/4/2021 (bdg).
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Filing 10
Certificate of Inmate Trust Account filed by Roy Lynn McDavid, TDCJ #: 1235555. (krr)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Wed Mar 3 12:18:01 CST 2021 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:12,13. Wed Mar 3 12:24:02 CST 2021 (crt)
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Filing 9
Certificate of Trust Account by Roy Lynn McDavid, TDCJ # 01235555. (krr)
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Filing 8
MOTION for Leave to Proceed in forma pauperis filed by Roy Lynn McDavid. (krr)
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Filing 7
AMENDED COMPLAINT against Richard E. Aynes, Latesha Brown, Criminal Justice I.D., David S. Dyer, Adam Gonzalez, Tyler Ham, Alfred Jiminez, Charles Miller, Michael Miller, Cody R. Parker, Robbin Rebber, Theresa Reimer, Smith Unit Administration, Sabrina G. Stouth, Texas Department filed by Roy Lynn McDavid. 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)
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Filing 6
MOTION to Extend Time filed by Roy Lynn McDavid. (krr)
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Filing 5
REQUEST FOR TIME DUE TO COVID AND SEGREGATION, filed by Roy Lynn McDavid. (krr)
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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 $402.00 or file with the Clerk the following: A signed application to proceed in forma pauperis; and A certified copy of his inmate trust account statement. Plaintiff must also submit a complete amended complaint on the court-approved form for civil-rights cases. Plaintiff may obtain the court-approved forms necessary for complying with this order in the law library of his current prison unit. (Ordered by Judge James Wesley Hendrix on 2/3/2021) (krr) Modified text on 3/1/2021 (bmh).
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***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Wed Feb 3 10:12:48 CST 2021 (crt)
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Filing 3
Notice and Instruction to Pro Se Party. (bmh)
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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. (bmh)
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Filing 1
COMPLAINT against All Defendants filed by Roy Lynn McDavid. 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)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3. Fri Jan 22 12:55:21 CST 2021 (crt)
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