Sierra et al v. Dallas County Jail
| Solema Sierra, Nena Zuley, Terria Burks, Alicia Rich, Christine Mosy, Vanessa Martinez, Hailey Hamilton, Pinkie Browning, Rebecca Caldwell, Anabel Ramirez, Tristene Robinson, Summer Price, Cheryl Peres, Molly Berry, Donna Hopkins, Jennifer Laws, Rosablanca Hays, Nancy Jaramillo, Lesli Jones, Leticia Vaughn, Joanna Moreno, Bianca Morales, Briana McGhee, Kenia Rubio, April Coferill, Abigail Fonseca, Jasmine Limas, Alexandra Racliff, Jemese Henry, Rodericka Davis, Carla Ritchie, Leah Salem, Jane Doe 5:22-cv-131, Michelle Futes, Rosablanca Monique Hayes and April Coterill |
| Dallas County Jail |
| 5:2022cv00131 |
| July 1, 2022 |
| US District Court for the Northern District of Texas |
| 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 August 22, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 49
SHOW CAUSE ORDER: The deadline for Plaintiff to comply with the Court's July 11 order has passed. To date, Plaintiff has not complied with the Court's order or sought an extension of time to do so. Nevertheless, the Court will provide her a final opportunity to comply. It is, therefore, ORDERED that Plaintiff shall have fourteen (14) days from the date of this Order to: (1) file a complete amended complaint on the form provided by the Court and either pay the $402.00 filing fee or file the above document(s) marked with an "X;" OR (2) file a sworn affidavit or unsworn declaration made under penalty of perjury under 28 U.S.C. 1746, setting forth the specific steps she has taken to attempt to comply with the prior Order, or her reasons for failing to comply; AND (3) attach copies of any relevant consent forms or other supporting information to Plaintiffs sworn affidavit or unsworn declaration. The failure of Plaintiff to respond to this order shall result in the dismissal of this cause without further notice. (Ordered by Senior Judge Sam R. Cummings on 8/22/2022) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:49. Mon Aug 22 11:58:42 CDT 2022 (crt) |
| Filing 48 Mail returned as undeliverable RE: #1 Compalint, #2 Notice and Instruction to Pro Se Party, and #3 New Case Notes, which were all received back from Jennifer Laws as RTS - Not in Dallas County Jail. No address update from last filed document. The current documents have not been re-mailed. (krr) |
| Filing 47 Mail returned as undeliverable RE: #1 Complaint, #2 Notice and Instruction to Pro Se Party, and #3 New Case Notes #1 Complaint, which were received back from Abigail Fonseca as RTS - Not in Dallas County Jail. No address update from last filed document. The current documents have not been re-mailed. (krr) |
| Filing 46 Mail returned as undeliverable. #5 Order to Sever, received back from Abigail Fonseca as Return to Sender, Not in Dallas County Jail, Return to Sender, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (lkw) |
| Filing 45 Mail returned as undeliverable. #5 Order to Sever, received back from Vanessa Martinez as Return to Sender, Not in Dallas County Jail, Return to Sender, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (lkw) |
| Filing 44 Mail returned as undeliverable. #5 Order to Sever, received back from Jennifer Laws as Return to Sender, Not in Dallas County Jail, Return to Sender, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (lkw) |
| Filing 43 Mail returned as undeliverable. #5 Order to Sever, received back from Leah Salem as Return to Sender, Must Have Inmate Location and Book-in Number, Return to Sender, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (lkw) (Main Document 43 replaced to darken page on 8/9/2022) (lkw). |
| Filing 42 Mail returned as undeliverable from Alexandra Racliff RE: #1 Complaint, #2 Notice and Instruction to Pro Se Party, and #3 New Case Notes; which were received back as RTS - Name and address do not match. No address update from last filed documents. The current documents have not been re-mailed. (krr) |
| Filing 41 Mail returned as undeliverable RE: #5 Order to Sever, which was received back from Christine Mosy as RTS/UTF - Must have inmate location and book-in number. No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 40 Mail returned as undeliverable RE: #5 Order to Sever, which was received back from Briana McGhee as RTS/UTF. No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 39 Mail returned as undeliverable RE: #5 Order to Sever, which was received back from Terria Burks as RTS/UTF - Not in Dallas County Jail. No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 38 Mail returned as undeliverable RE: #5 Order to Sever, which was received back from Jane Doe as RTS/UTF - Not in Dallas County Jail. No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 37 Mail returned from Original New Case Mailings as undeliverable from Terria Burks RE: #1 Complaint, #2 Notice and Instruction to Pro Se Party, and #3 New Case Notes; which were received back as RTS Not in Dallas County Jail. No address update from last filed documents. The current documents have not been re-mailed. (krr) |
| Filing 36 Mail returned from Original New Case Mailings as undeliverable from Lesli Jones RE: #1 Complaint, #2 Notice and Instruction to Pro Se Party, and #3 New Case Notes; which were received back as RTS Must have inmate location and book in number. More than one detainee with the same name. No address update from last filed documents. The current documents have not been re-mailed. (krr) |
| Filing 35 Mail returned from Original New Case Mailings as undeliverable from Cheryl Peres RE: #1 Complaint, #2 Notice and Instruction to Pro Se Party, and #3 New Case Notes; which were received back as RTS Must have inmate location and book in number. No address update from last filed documents. The current documents have not been re-mailed. (krr) |
| Filing 34 Mail returned from Original New Case Mailings as undeliverable from Leticia Vaughn RE: #1 Complaint, #2 Notice and Instruction to Pro Se Party, and #3 New Case Notes; which were received back as RTS Not in Dallas County Jail. No address update from last filed documents. The current documents have not been re-mailed. (krr) |
| Filing 33 Mail returned from Original New Case Mailings as undeliverable from Michelle Futes RE: #1 Complaint, #2 Notice and Instruction to Pro Se Party, and #3 New Case Notes; which were received back as RTS Must have inmate location and book in number. No address update from last filed documents. The current documents have not been re-mailed. (krr) |
| Filing 32 Mail returned from Original New Case Mailings as undeliverable from Tristene Robinson RE: #1 Complaint, #2 Notice and Instruction to Pro Se Party, and #3 New Case Notes; which were received back as RTS Must have inmate location and book in number. No address update from last filed documents. The current documents have not been re-mailed. (krr) |
| Filing 31 Mail returned from Original New Case Mailings as undeliverable from Leah Salem RE: #1 Complaint, #2 Notice and Instruction to Pro Se Party, and #3 New Case Notes; which were received back as RTS Must have inmate location and book in number. No address update from last filed documents. The current documents have not been re-mailed. (krr) |
| Filing 30 Mail returned from Original New Case Mailings as undeliverable from Bianca Morales RE: #1 Complaint, #2 Notice and Instruction to Pro Se Party, and #3 New Case Notes; which were received back as RTS Not in Dallas County Jail. No address update from last filed documents. The current documents have not been re-mailed. (krr) |
| Filing 29 Mail returned from Original New Case Mailings as undeliverable from Christine Mosy RE: #1 Complaint, #2 Notice and Instruction to Pro Se Party, and #3 New Case Notes; which were received back as RTS Must have inmate location and book in number. No address update from last filed documents. The current documents have not been re-mailed. (krr) |
| Filing 28 Mail returned from Original New Case Mailings as undeliverable from Pinkie Browning RE: #1 Complaint, #2 Notice and Instruction to Pro Se Party, and #3 New Case Notes; which were received back as RTS Not in Dallas County Jail. No address update from last filed documents. The current documents have not been re-mailed. (krr) |
| Filing 27 Mail returned from Original New Case Mailings as undeliverable from Carala Ritchie RE: #1 Complaint, #2 Notice and Instruction to Pro Se Party, and #3 New Case Notes; which were received back as RTS Not in Dallas County Jail. No address update from last filed documents. The current documents have not been re-mailed. (krr) |
| Filing 26 Mail returned as undeliverable RE: #1 Complaint, #2 Notice and Instruction to Pro Se Party, and #3 New Case Notes; which were received back from Briana McGhee as RTS- Not in Dallas County Jail. No address update from last filed documents. The current documents have not been re-mailed. (krr) |
| Filing 25 Mail returned from Original New Case Mailings as undeliverable from Tristene Robinson RE: #1 Complaint, #2 Notice and Instruction to Pro Se Party, and #3 New Case Notes; which were received back as RTS/UTF - Attempted; Not Known - "Must have inmate location and book-in number". No address update from last filed documents. The current documents have not been re-mailed. |
| Filing 24 Mail returned from Original New Case Mailings as undeliverable RE: #1 Complaint, #2 Notice and Instruction to Pro Se Party, and #3 New Case Notes; which were received back from Jane Doe as RTS/UTF - Attempted; Not Known - Must have inmate location and book-in number". No address update from last filed documents. The current documents have not been re-mailed. (krr) |
| Filing 23 Mail returned as undeliverable RE: 4 Order, which was received back from Cheryl Peres as RTS - Refused - Unable to Forward - "Not in Dallas County Jail". No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 22 Mail returned as undeliverable RE: 4 Order, which was received back from Bianca Morales as RTS - Refused - Unable to Forward - "Not in Dallas County Jail". No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 21 Mail returned as undeliverable RE: 4 Order, which was received back from Christine Mosy as RTS - Refused - Unable to Forward "Not in Dallas County Jail". No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 20 Mail returned as undeliverable RE: 4 Order, which was received back from Leticia Vaughn as RTS - Refused - Unable to Forward - "Not in Dallas County Jail". No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 19 Mail returned as undeliverable RE: 4 Order, which was received back from Carla Ritchie as RTS - Refused - Unable to Forward - "Not in Dallas County Jail". No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 18 Mail returned as undeliverable RE: 4 Order, which was received back from Terria Burks as RTS - Refused - Unable to Forward - "Not in Dallas County Jail". No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 17 Mail returned as undeliverable RE: 4 Order, which was received back from Abigail Fonseca as RTS - Refused - Unable to Forward - "Not in Dallas County Jail". No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 16 Mail returned as undeliverable RE: 4 Order, which was received back from Lesli Jones as RTS - Refused - Unable to Forward - "Must Have Inmate Location and Book-In Number; More that one person with the same name". No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 15 Mail returned as undeliverable RE: 4 Order, which was received back from Leah Salem as RTS - Refused - Unable to Forward - "Must Have Inmate Location and Book-In Number; Name Not Found" No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 14 Mail returned as undeliverable RE: 4 Order, which was received back from Nena Zuley as RTS - Refused - Unable to Forward - "Must Have Inmate Location and Book-In Number; Name Not Found" No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 13 Mail returned as undeliverable RE: 4 Order, which was received back from JANE DOE as RTS - Refused - Unable to Forward - "Must Have Inmate Location and Book-In Number; Name Not Found" No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 12 Mail returned as undeliverable RE: 4 Order, which was received back from Rebecca Caldwell as RTS - Refused - Unable to Forward - "Must Have Inmate Location and Book-In Number; More that one person with the same name". No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 11 Mail returned as undeliverable RE: 4 Order, which was received back from Michelle Futes as RTS - Refused - Unable to Forward - "Must Have Inmate Location and Book-In Number; Name Not Found" No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 10 Mail returned as undeliverable RE: 4 Order, which was received back from Alexandra Racliff as RTS - Refused - Unable to Forward - "Name, Booking Number does not match". No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 9 Mail returned as undeliverable RE: 4 Order, which was received back from Briana McGhee as RTS - Refused - Unable to Forward "Not in Dallas County Jail". No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 8 Mail returned as undeliverable RE: 4 Order, which was received back from Pinkie Browning as RTS - Refused - Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 7 Mail returned as undeliverable RE: 4 Order, which was received back from Tristene Robinson as RTS - Refused - Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (krr) |
| Filing 6 Mail returned as undeliverable RE: 4 Order, which was received back from Jennifer Laws as RTS - Refused - Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (krr) |
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Filing 5
ORDER: Plaintiffs, 34 pretrial detainees proceeding pro se, jointly filed and signed a letter complaining about various alleged unlawful conditions of their confinement in the Dallas County Jail, including but not limited to excessive heat. They seek injunctive relief, asking the Court to fix the situation. The Court construes their letter as a civil-rights complaint under 42 U.S.C. 1983. For these reasons, it is ORDERED: Plaintiffs' requests for joinder and class certification, to the extent that they assert them here, are denied. The complaint of Solema Sierra will continue under this Civil Action No. 5:22-CV-00131-C. All other plaintiffs will be terminated from this action. The complaints of each of the other 32 named plaintiffs (not including Jane Doe)shall be SEVERED into separate actions for each Plaintiff, with a new cause number being assigned to each Plaintiff. In each of the new civil actions, the Clerk shall file a copy of this Order and the Complaint (Doc. #1 ) on file in this Civil Action No. 5:22-CV-00131-C. The complaint of the "Jane Doe" plaintiff, whose signature on the original complaint was illegible, is dismissed without prejudice. The Court lacks sufficient information to communicate with her about her complaint and notify her of the deficiencies'. Each Plaintiff shall, within twenty (20) days from the date of this Order, either pay the filing fee of $402.00, or file the following with the Clerk: a signed Application to Proceed ln Forma Pauperis; a copy of her inmate trust account statement (or institutional equivalent) for the 6-month period immediately preceding the filing of his complaint (certified), and a signed copy of the AUTHORIZATION portion of the Certificate of Inmate Trust Account or a signed copy of any consent form or authorization that the institution having custody of Plaintiff requires to allow it to access a prisoner's inmate trust fund account, to collect funds from the account, and to pay those funds to the Clerk of the District Court. In addition, each plaintiff shall, within twenty (20) days from the date of this Order, file an Amended Complaint setting forth her specific claims. Each plaintiff shall use the form provided by the Court and shall answer each question, setting forth her entire complaint on the form unless it is necessary to attach additional pages The Clerk shall mail to each of the Plaintiffs a 42 U.S.C. 1983 complaint form marked, "Amended Complaint," an Application to Proceed in Forma Pauperis, and a Certificate of Inmate Trust Account and Authorization, each marked with the cause number assigned to their respective new complaint for their use in complying with this Order. (Ordered by Senior Judge Sam R. Cummings on 7/11/2022) (krr) (Clerk Note: New cases opened for all Plaintiffs': NENA ZULEY - 5:22-CV-146; TERRIA BURKS - 5:22-CV-147; ALICIA RICH 5:22-CV-148; CHRISTINE MOSEY - 5:22-CV-149; VANESSA MARTINEZ - 5:22-CV-150; HAILEY HAMILTON - 5:22-CV-151; PINKIE BROWNING - 5:22-CV-152; REBECCA CALDWELL - 5:22-CV-153; ANABEL RAMIREZ - 5:22-CV-154; TRISTENE ROBINSON - 5:22-CV-155; SUMMER PRICE - 5:22-CV-156; CHERLY PERES - 5:22-CV-157; MOLLY BERRY - 5:22-CV-158; DONNA HOPKINS - 5:22-CV-159; JENNIFER LAWS - 5:22-CV-160; ROSABLANCA HAYS - 5:22-CV-161; NANCY JARAMILLO - 5:22-CV-162; LESLIE JONES 5:22-CV-163; LETICIA VAUGHN - 5:22-CV-164; JOANNA MORENO - 5:22-CV-165; BIANCA MORALES - 5:22-CV-166; BRIANA MCGHEE - 5:22-CV-167; KENIA RUBIO - 5:22-CV-168; APRIL COFERILL - 5:22-CV-169; ABIGAIL FONSECA - 5:22-CV-170; JASMINE LIMAS - 5:22-CV-171; ALEXANDRA RACLIFF - 5:22-CV-172; JEMESE HENRY - 5:22-CV-173; RODERICKA DAVIS - 5:22-CV-174; CARLA RITCHIE - 5:22-CV-175; LEAH SALEM - 5:22-CV-176; MICHELLE FUTES - 5:22-CV-177. Modified text to add new case numbers on the docket sheet on 7/11/2022 (krr).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. ORDER SEVERING MAILED TO ALL PLAINTIFF'S. Mon Jul 11 14:02:30 CDT 2022 (crt) |
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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 7/7/2022) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Thu Jul 7 13:02:47 CDT 2022 (crt) |
| 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 Notice and Instruction to Pro Se Party (lkw) |
| Filing 1 COMPLAINT against All Defendants filed by Leah Salem, Jane Doe 5:22-cv-131, Joanna Moreno, Hailey Hamilton, Abigail Fonseca, Nena Zuley, Rosablanca Hays, Solema Sierra, Nancy Jaramillo, Rodericka Davis, Jennifer Laws, Jasmine Limas, April Coferill, Alexandra Racliff, Leticia Vaughn, Molly Berry, Kenia Rubio, Anabel Ramirez, Carla Ritchie, Tristene Robinson, Bianca Morales, Briana McGhee, Cheryl Peres, Jemese Henry, Vanessa Martinez, Terria Burks, Rebecca Caldwell, Summer Price, Donna Hopkins, Pinkie Browning, Alicia Rich, Michelle Futes, Lesli Jones, Christine Mosy. 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:1,2,3. Fri Jul 1 17:05:01 CDT 2022 (crt) |
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