Wojtowicz v. Rowe
| Donn Wojtowicz |
| Kelly Rowe, Christine Marquez and Mr. NFN Reddick |
| 5:2022cv00260 |
| October 5, 2022 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| 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 November 21, 2022. A more recent docket listing may be available from PACER.
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Filing 9
JUDGMENT: For the reasons stated in the Court's order entered today, it is ordered, adjudged, and decreed that Plaintiff's civil-rights complaint is dismissed pursuant to the three-strikes provision of 28 U.S.C. 1915(g). (Ordered by Judge James Wesley Hendrix on 11/21/2022) (bdg)
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Filing 8
ORDER: Because Wojtowicz may not proceed IFP in this action and has not paid the filing fee, his civil-rights complaint is dismissed as barred by the three- strikes provision of Section 1915(g) and for failure to prosecute under Federal Rule of Civil Procedure 41(b). If Wojtowicz refiles his complaint, he must file it on the court-approved form and pay the full filing fee of$402.00 with administrative costs. The Court directs the Clerk to unfile Wojtowicz's amended complaint. (See Dkt. No. 7.) (Ordered by Judge James Wesley Hendrix on 11/21/2022) (bdg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8,9. Mon Nov 21 13:13:04 CST 2022 (crt) |
| Filing 7 ***UN-FILED PER ORDER - DOC. NO. 8*** AMENDED COMPLAINT against Kelly Rowe filed by Donn Wojtowicz. 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) Modified on 11/21/2022 (bdg). |
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Filing 6
FEE ORDER: Order denying #2 Motion for Leave to Proceed In Forma Pauperis. The Court finds that Plaintiff's IFP application must be denied because he is barred from proceeding IFP under the three-strikes provision of 28 U.S.C. 1915(g). The Court concludes that Plaintiff has failed to allege any facts that demonstrate he was in imminent danger of serious physical injury at the time he filed his complaint. As a result, he cannot proceed with this action without prepaying the full filing fee. The Court must pay the $402.00 filing fee within 20 days of the date of this order if he wishes to pursue this civil action. Failure t pay the fee will result in the dismissal of Plaintiff's complaint for want of prosecution without further notice. Plaintiff is advised that state law may require the forfeiture of good conduct timecredits as a sanction for a state or federal lawsuit brought by an inmate while in the custody of the Texas Department of Criminal Justice (TDCJ), or while the inmate is in custody awaiting transfer to TDCJ, that is dismissed as frivolous or malicious. (Ordered by Judge James Wesley Hendrix on 10/11/2022) (lkw)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Tue Oct 11 11:36:52 CDT 2022 (crt) |
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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 10/6/2022) (chmb)
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| ***Clerk's Notice of delivery: (See NEF for details) Docket No:5 NEF mailed to Plaintiff. Thu Oct 6 13:51:05 CDT 2022 (crt) |
| Filing 4 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 3 Notice and Instruction to Pro Se Party (lkw) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Donn Wojtowicz (lkw) |
| Filing 1 COMPLAINT against All Defendants filed by Donn Wojtowicz. 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, 4. Wed Oct 5 11:37:04 CDT 2022 (crt) |
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