McPhail v. United States of America et al
| Shonna Lynn Calaway McPhail |
| United States of America, John R. Parker, U.S. Attorney General and Merrick B. Garland |
| 5:2022cv00253 |
| September 29, 2022 |
| US District Court for the Northern District of Texas |
| D Gordon Bryant |
| James Wesley Hendrix |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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Filing 8
ORDER FOR MICHELLE GARNER AND SHONNA CALAWAY TO SHOW CAUSE: The Court hereby ORDERS Michelle Garner to show cause, through written submission filed no later than November 22, 2022, why sanctions should not be imposed against her for violating the Federal Rules of Civil Procedure and 28 U.S.C. 1654. It is further, ORDERED that Calaway show cause, through written submission filed no later than November 22, 2022, why sanctions should not be imposed against her for violating the Federal Rules of Civil Procedure and 28 U.S.C. 1654. Garner and Calaway are admonished that, should they fail to show cause by November 22, 2022, the undersigned will recommend that, at a minimum, this action be dismissed without prejudice. The Clerk of Court is DIRECTED to mail a copy of this Order, as well as the Court's previous orders (ECF Nos. 5, 7), to Calaway at the address - FMC Carswell. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 11/10/2022) (bdg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Also mailed a copy of Order and Doc. No. 5 and 7 to Shonna Calaway at FMC Carswell. Thu Nov 10 11:52:10 CST 2022 (crt) |
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Filing 7
SECOND ORDER OF DEFICIENCY: It is ORDERED that Plaintiff, absent retaining licensed counsel, must personally sign every pleading, written motion, and other document filed in this action on her behalf. It is further ORDERED that Plaintiff shall have twenty-one (21) days from the date of this Order to file an amended complaint on the standard prisoner civil-rights form promulgated by this District. The amended complaint should be a complete document, setting forth a short and plain statement listing all defendants and all Plaintiff's claims against those defendants. Clerk mailed to Plaintiff a prisoner civil-rights complaint form, along with a copy of this Order. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 11/2/2022) (bmh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Clerk mailed to Plaintiff a prisoner civil-rights complaint form, along with a copy of this Order. Wed Nov 2 09:05:55 CDT 2022 (crt) |
| Filing 6 RESPONSE filed by Shonna Lynn Calaway McPhail re: #5 Order And Notice of Deficiency. (bmh) |
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Filing 5
ORDER AND NOTICE OF DEFICIENCY: Accordingly, it is ORDERED that Plaintiff shall have fourteen (14) days from the date of this Order to provide the Court with the basis for her belief, if any, that this action is not subject to the PLRA,including but not limited to, the preliminary screening provisions. Plaintiff is advised that her failure to respond to this instruction will result in the Court commencing screening under the PLRA. It is further ORDERED that Plaintiff shall have twenty-one (21) days from the date of this Order to file an amended complaint on the standard prisoner civil-rights form promulgated by this District. Plaintiff is further admonished that failure to comply with the Court's order to file an amended complaint may result in a recommendation that this action be dismissed for failure to prosecute in accordance with Federal Rule of Civil Procedure 41(b). The Clerk of Court mailed to Plaintiff a prisoner civil-rights complaint form, along with a copy of this Order. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 10/4/2022) (bmh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Clerk mailed to Plaintiff a prisoner civil-rights complaint form along with a copy of this order. Tue Oct 4 14:36:27 CDT 2022 (crt) |
| Filing 4 Notice and Instruction to Pro Se Party. (bmh) |
| Filing 3 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Bryant (see Special Order 3). 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) |
| Filing 2 Request for Clerk to issue Summons filed by Shonna Lynn Calaway McPhail. (bmh) |
| Filing 1 COMPLAINT against All Defendants filed by Shonna Lynn Calaway McPhail. (Filing fee $402.00; Receipt number 500000112) 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) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:2,3,4. Clerk also mailed a copy of #1 to Plaintiff. Thu Sep 29 13:57:08 CDT 2022 (crt) |
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