Smiley v. Lubbock County Detention Center
| Robert Smiley and Robert Lewis Smiley |
| Lubbock County Detention Center |
| 5:2022cv00079 |
| April 29, 2022 |
| U.S. District Court for the Northern District of Texas |
| D Gordon Bryant |
| Sam R Cummings |
| 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 June 24, 2022. A more recent docket listing may be available from PACER.
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| Filing 14 NOTICE of Change of Address for Pro Se litigant Robert Lewis Smiley. New address: TDCJ Middleton Unit, 13055 FM 3522, Abilene, TX 79601. (bdg) |
| Filing 13 Public correspondence received from Lubbock County Detention Center RE: #8 PLRA Filing Fee Order (Attached hereto). The clerk has not responded. Inmate released from LCDC custody on 06/14/2022. No address update since last filed document. (krr) |
| Administrative Records re: #10 received from Lubbock County and maintained in Judge's chambers. (bdg) |
| Filing 12 CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE filed by Robert Lewis Smiley. (krr) |
Filing 11
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 30 days. (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 5/24/2022) (Attachments: #1 Lubbock Miscellaneous Order No. 14) (krr)
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Filing 10
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 Plaintiffs 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 June 24, 2022. This Order does not require action from Plaintiff. Plaintiff is admonished that filing documents in response to this Order will likely delay the resolution of his claims. 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 5/24/2022) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Clerk also mailed to Plaintiff, Lubbock Miscellaneous Order No. 14 with Order #11 . Tue May 24 11:32:40 CDT 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. The Clerk mailed a copy of this Order and Plaintiff's Complaint and any amended complaint to the addresses listed in the Order as directed; and the Order itself to Plaintiff. Tue May 24 11:23:18 CDT 2022 (crt) |
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Filing 9
ORDER: Case reassigned to Magistrate Judge D. Gordon Bryant, Jr. for all further proceedings. Senior Judge Sam R. Cummings no longer assigned to case. This case shall hereafter be numbered Civil Action No. 5:22-CV-00079-BQ. (Ordered by Senior Judge Sam R. Cummings on 5/23/2022) (krr)
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Filing 8
PLRA FILING FEE ORDER: Robert Lewis Smiley shall pay $350.00 in monthly installments as mandated by the PLRA. After payment of the initial partial filing fee, if any, the agency having custody of Plaintiff shall deduct 20% of each deposit made to Plaintiff's inmate trust account and forward payments to the Court on a regular basis provided the account exceeds $10.00. Plaintiff is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915. (Clerk note: TDCJ Inmate Trust Office has been electronically notified of this order.) The Clerk also mailed a copy of this Order to the inmate accounting office where Mr. Smiley is confined. (Ordered by Senior Judge Sam R Cummings on 5/23/2022) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8,9. Clerk also mailed a copy of Order #8 to the TDCJ Inmate Accounting office as well as to Plaintiff. Mon May 23 13:27:12 CDT 2022 (crt) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Robert Smiley. (krr) |
| Filing 6 AMENDED COMPLAINT against Lubbock County Detention Center filed by Robert Smiley. 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 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 May 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 4/29/2022) (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 4/29/2022) (chmb)
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| Filing 3 Notice and Instruction to Pro Se Party. (krr) |
| 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. (krr) |
| Filing 1 COMPLAINT against Lubbock County Detention Center filed by Robert Smiley. 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:4,5. Clerk mailed electronic orders 4 and 5; and 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. Fri Apr 29 13:59:10 CDT 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3. Fri Apr 29 10:18:09 CDT 2022 (crt) |
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