Moya v. Lynn County Jail
| Jose Moya |
| Lynn County Jail, Wanda Mason and Katrina White |
| 5:2022cv00030 |
| February 28, 2022 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 11, 2022. A more recent docket listing may be available from PACER.
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Filing 13
ORDER: Plaintiff Jose Moya, a state pretrial detainee proceeding pro se, filed an amended civil-rights complaint on the proper form. After reviewing Moya's amended complaint, the Court finds that he does not challenge the conditions of his confinement. Instead, he challenges the validity of his arrest and the current charges pending against him. Thus, the Court concludes that the essence of Moya's amended complaint is a challenge to the fact and duration of his confinement, rather than the conditions at his detention facility. Moya is advised that the Court intends to construe this civil-rights complaint as a pretrial petition for writ of habeas corpus under 28 U.S.C. 2241. Moya must respond to this order, indicating either his acceptance of or objection to the Court's intended classification of this case within 30 days. Moya's application to proceed in forma pauperis will remain pending until the Court determines how Moya intends to proceed. The Clerk shall mail Moya a Section 2241 form marked "amended." Moya's failure to respond to this order may result in the dismissal of this civil case without further notice.SO ORDERED. (Ordered by Senior Judge Sam R Cummings on 4/11/2022) (lkw)
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| Filing 12 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Jose Moya (lkw) |
| Filing 11 AMENDED COMPLAINT against All Defendants filed by Jose Moya. 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. (lkw) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:13. along with a 2241 Writ of Habeas Corpus petition marked "AMENDED" Mon Apr 11 14:15:59 CDT 2022 |
| Filing 10 Mail returned as undeliverable. #8 Request for Copy received back from Jose Moya as Return to Sender, Vacant, Unable to Forward. Last known address listed is the same as returned mail. No address update. The current document has not been re-mailed. (lkw) |
| Filing 9 NOTICE of Change of Address for Pro Se litigant Jose Moya. New address: Lynn County Jail 810 Lockwood Street Tahoka, TX 79373. (Attachments: #1 Clerk's Correspondence Letter) (krr) |
| Filing 8 Request for Copy of civil rights complaint form and application to proceed in forma pauperis by Jose Moya (Attachments: #1 Deputy Clerk Response) (lkw) Modified to correct file date on 3/16/2022 (lkw). |
| Filing 7 Mail returned as undeliverable. #1 Complaint, #3 Notice and Instruction to Pro Se Party, received back from Jose Moya as Return to Sender, Vacant, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (lkw) |
| Filing 6 NOTICE RE: #1 Complaint, filed by Jose Moya. (krr) |
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Filing 5
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff must address the following deficiencies: The complaint was not filed on the court-approved form and neither the $402 filing fee nor a request to proceed in forma pauperis was submitted. Therefore, by March 31, 2022 (30 days), Plaintiff is ORDERED to (1) file his civil-rights complaint on the approved form, and (2) pay the $402 filing fee or file an application to proceed in forma pauperis on the approved form with the required certificate of inmate trust account. Plaintiff's failure to comply with this order may result in the dismissal of this action under Federal Rule of Civil Procedure 41(b). The Clerk will mail an application to proceed in forma pauperis, a certificate of inmate trust account with authorization, and a prisoner civil-rights complaint form marked "amended," to Plaintiff along with a copy of this order. (Ordered by Senior Judge Sam R Cummings on 3/1/2022) (chmb)
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Filing 4
ELECTRONIC NOTICE OF JUDICIAL SCREENING AND STANDING ORDER: Judicial screening of this case is pending. See 28 U.S.C. 1915(e)(2); 28 U.S.C. 1915A(a). It is therefore ORDERED that (1) service of process will be withheld until judicial screening is complete, (2) no motions for appointment of counsel may be filed until the Court has completed the screening process, (3) all discovery in this case is stayed until an answer is filed or until further order, (4) no amendments or supplements may be filed without prior Court approval, and (5) any motion to amend the complaint must be accompanied by a complete proposed amended complaint on the required form. It is further ORDERED that Plaintiff must promptly notify the Court in writing of any change of address. Failure to provide updated address information may result in the dismissal of the case under Fed. R. Civ. 41(b). (Ordered by Senior Judge Sam R Cummings on 3/1/2022) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4,5. Clerk mailed NEF to Plaintiff Tue Mar 1 11:51:44 CST 2022 (crt) |
| Filing 3 Notice and Instruction to Pro Se Party (bdg) |
| 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. (bdg) |
| Filing 1 COMPLAINT against Lynn County Jail filed by Jose Moya. 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. (bdg) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3. Mon Feb 28 17:03:16 CST 2022 (crt) |
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