Hernandez v. City of Lubbock et al
| Christopher Hernandez |
| City of Lubbock, Brady Lewis and John Doe 5:22-CV-99 |
| 5:2022cv00099 |
| May 31, 2022 |
| 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 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 23, 2023. A more recent docket listing may be available from PACER.
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Filing 21
ORDER: The Order and Judgment entered September 29, 2022, are VACATED. See ECF Nos. #17 , #18 . The Court DIRECTS the Clerk of Court to REOPEN this case. The Motion for Appointment of Counsel is hereby DENIED without prejudice. Plaintiff is cautioned that if he continues to file frivolous documents in this case, sanctions will be imposed against him. (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 1/23/2023) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:21. Mon Jan 23 11:10:24 CST 2023 (crt) |
| Filing 20 MOTION FOR APPOINTMENT OF COUNSEL ON THE MERITS OF EXCEPTIONAL CIRCUMSTANCES, filed by Christopher Hernandez. (krr) |
| Filing 19 Mail returned as undeliverable RE: #17 Order and #18 Judgment, which were received back from Christopher Hernandez as RTS - Not in Jail. No address update from last filed document. The current documents have not been re-mailed. (krr) |
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Filing 18
***ORDER VACATED PER ECF ORDER NO. #21 *** JUDGMENT: Of equal date herewith an Order of Dismissal having been entered, it is ORDERED and ADJUDGED that Plaintiff's Complaint and all claims alleged therein are DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(b). (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 9/29/2022) (krr) Modified text per Order of the Court on 1/23/2023 (krr).
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Filing 17
***ORDER VACATED PER ECF ORDER NO. #21 *** ORDER OF DISMISSAL: Because Hernandez has not updated his address, thereby failing to comply with Court orders and prosecute his case, this action is dismissed under Rule 41(b) of the Federal Rules of Civil Procedure. It is therefore, ORDERED that Hernandez's Complaint be dismissed without prejudice for want of prosecution pursuant to FRCP 41(b). Dismissal of this action does not release Ortiz or the institution where he is incarcerated from obligation to pay the filing fee previously imposed. Any appeal shall be to the Court of Appeals for the Fifth Circuit in accordance with 28 U.S.C. 636(c)(3). Judgment shall be entered accordingly. (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 9/29/2022) (krr) Modified text on 1/23/2023 per Order of the Court. (krr).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:17,18. Thu Sep 29 13:57:29 CDT 2022 (crt) |
| Filing 16 NOTICE from Lubbock County Sheriff's Office RE: #10 PLRA FILING FEE ORDER. Plaintiff was released from LCDC on 08/12/2022. (krr) |
| Administrative Records re: #14 ORDER received from City of Lubbock and maintained in JGB Chambers. (bdg) |
| AUTHENTICATED RECORDS FROM LUBBOCK COUNTY RE: #14 ORDER; received and maintained in JGB Chambers. (krr) |
| Filing 15 CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE by Christopher Hernandez. (krr) |
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Filing 14
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 July 25, 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 shall mail a copy of this Order and Plaintiffs Complaint and any amended complaint to the above-listed addresses. (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 6/24/2022) (krr)
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Filing 13
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. (Clerk mailed this notice, attached consent, and Lubbock Misc. Order No. 14 to Plaintiff.) (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 6/24/2022) (krr) (Additional attachment(s) added on 6/24/2022: #1 Additional Page(s) Lubbock Misc. Order No. 14) (krr).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:13. Fri Jun 24 15:54:23 CDT 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:13,14. Clerk mailed Order #13 , the attached consent form to that Order; and Lubbock Misc. Order No. 14 to Plaintiff; along with Order #14 . Order #14 also mailed to each official listed in the Order along with a copy of the complaint and any amended complaint, if any. Fri Jun 24 16:00:31 CDT 2022 (crt) |
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Filing 12
ORDER TRANSFERRING THE CASE TO THE UNITED STATES MAGISTRATE JUDGE: The Magistrate Judge shall order the transfer of this case back to the docket of this Court and file proposed findings of fact, conclusions of law, and recommendations for thedisposition of the case under 28 U.S.C. 636(b)(1) within 240 days from the date of this order in the following circumstances: (1) the Plaintiff does not consent to proceed before the Magistrate Judge; or (2) the Plaintiff consents to proceed before the Magistrate Judge, but a Defendant does not consent. So ordered. (Ordered by Judge James Wesley Hendrix on 6/22/2022) (krr)
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Filing 11
ORDER: Plaintiff filed a second request for appointment of counsel. (Dkt. No. #8 .) Plaintiff's first request for appointment of counsel was denied without prejudice to his right to renew his request after the Court has completed screening of his case or should there be a material change of circumstances. (Dkt. No #7 .) The Court finds that circumstances have not changed, and Plaintiff's complaint remains pending judicial screening pursuant to 28 U.S.C. 1915; thus, the request for appointment of counsel is denied. No further motions for appointment of counsel shall be filed until the Court has completed the screening required by 28 U.S.C. 1915(e)(2). (Ordered by Judge James Wesley Hendrix on 6/22/2022) (krr)
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Filing 10
PLRA FILING FEE ORDER: Plaintiff is granted leave to proceed in forma pauperis under 28 U.S.C. 1915. Plaintiff is assessed an initial partial filing fee of $85.33. The agency having custody of Plaintiff shall collect this amount from the trust fund account or institutional equivalent, when funds are available, and forward the initial fee to the Clerk of the District Court. See 28 U.S.C. 1915(b)(1). Thereafter, Plaintiff must pay $264.67, the balance of the filing fee, in monthly installments as provided in 28 U.S.C. 1915(b)(2). 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. The Clerk mailed this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. (Ordered by Judge James Wesley Hendrix on 6/22/2022) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Wed Jun 22 11:38:48 CDT 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Wed Jun 22 16:21:29 CDT 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Clerk also mailed a copy of this Order to the Inmate Accounting Department at LCDC. Wed Jun 22 11:34:01 CDT 2022 (crt) |
| Filing 9 Certificate of Trust Account by Christopher Hernandez TDCJ # 179854. (bmh) |
| Filing 8 MOTION to Appoint Counsel filed by Christopher Hernandez. (bmh) |
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Filing 7
ORDER: Plaintiff requested the appointment of counsel. (Dkt. No. #1 at 9.) Plaintiff's request for appointment of counsel is denied without prejudice to Plaintiff's right to request appointment of counsel after the Court has completed screening of his case or should there be a material change of circumstances. (Ordered by Judge James Wesley Hendrix on 6/3/2022) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Fri Jun 3 14:25:39 CDT 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. The Clerk will mail a certificate of inmate trust account with authorization to Plaintiff along with a copy of Order 6 as well as order 5 . Wed Jun 1 09:04:37 CDT 2022 (crt) |
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Filing 6
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff must address the following deficiency: Plaintiff did not pay the $402 filing fee. He filed a request to proceed in forma pauperis, but he did not submit a certificate of his inmate trust account with authorization. Therefore, by July 1, 2022 (30 days), Plaintiff is ORDERED to pay the $402 filing fee or file the required certificate of inmate trust account with authorization. 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 a certificate of inmate trust account with authorization to Plaintiff along with a copy of this order. (Ordered by Judge James Wesley Hendrix on 5/31/2022) (chmb)
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Filing 5
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 Judge James Wesley Hendrix on 5/31/2022) (chmb)
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| Filing 4 Notice and Instruction to Pro Se Party (lkw) |
| Filing 3 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. (lkw) |
| Filing 2 Application to Proceed in District Court Without Prepaying Fees or Costs filed by Christopher Hernandez (lkw) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Christopher Hernandez. 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) |
| MOTION to Appoint Counsel (SEE DOCUMENT #1 FOR IMAGE) filed by Christopher Hernandez (lkw) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3,4. Tue May 31 10:08:56 CDT 2022 (crt) |
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