Rios v. State of Texas et al
| John Gabriel Rios |
| State of Texas, Lynn County Sheriff's Office, Joshua Rocha, Officer Katrina White, Wanda Mason, Officer J Harrison, Officer Fernando Portillo, Lieutenant NFN Alvarez, Officer Aaron Vasquez, Officer Ann Barrientez and Officer NFN Alvarez |
| 5:2022cv00266 |
| October 11, 2022 |
| US 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 December 18, 2023. A more recent docket listing may be available from PACER.
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Filing 19
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 attached executed Certification to the records provided by the Court on or before January 9, 2023. This Order does not require action from Plaintiff. The Clerk shall mail a copy of this Order and Plaintiff's Complaint and any amended complaint to the above-listed addresses. SO ORDERED. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 12/8/2022) (lkw)
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Filing 18
NOTICE OF AVAILABILITY OF MAGISTRATE JUDGE TO EXERCISE JURISDICTION. It is, therefore, ORDERED that the Clerk shall mail this notice, N.D. Texas Miscellaneous Order No. 14, and the attached consent form to Plaintiff. It is further, ORDERED that if the Plaintiff wishes to consent to proceed before a United States Magistrate Judge, Plaintiff must sign and date the attached consent form and return the completed form to the United States District Clerk, Northern District of Texas, Lubbock Division, within thirty (30) days from the receipt of this notice. SO ORDERED. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 12/8/2022) (lkw)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:18. Thu Dec 8 16:56:35 CST 2022 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:19. Clerk mailed Order and copy of Complaint to Sheriff Wanda Mason and Lynn County Jail Administrator Thu Dec 8 16:42:51 CST 2022 (crt)
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Filing 17
ORDER: After an initial review pursuant to 28 U.S.C. 1915 and 1915A, the Court is of the opinion that this case should be TRANSFERRED to the docket of the Honorable D. Gordan Bryant, Jr., United states magistrate Judge, for further proceedings. This case shall hereafter be numbered Civil Action No. 5:22-CV-00266-BQ. 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 the disposition of the case pursuant to 28 U.S.C. 636(b)(1) within 365 days from the date of this Order in the following circumstances: the Plaintiff does not consent to proceed before the Magistrate Judge; or the Plaintiff consents to proceed before the Magistrate Judge, but a Defendant does not consent. SO ORDERED. Case reassigned to Magistrate Judge D. Gordon Bryant, Jr for all further proceedings. Senior Judge Sam R Cummings no longer assigned to case. (Ordered by Senior Judge Sam R Cummings on 12/7/2022) (lkw)
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Filing 16
PLRA FILING FEE ORDER: The Court, having considered the application in light of the PLRA, finds that the following order should be entered. It is ORDERED that: Plaintiff is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915. Plaintiff will not be assess an initial filing fee because he lacks the requisite funds in his prison account to pay an initial fee; however, plaintiff will be required to pay the full filing fee of $ 350.00 pursuant to the PLRA. Plaintiff shall pay the $ 350.00 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. Plaintiff shall promptly notify the Court of any change of address by filing a written notice of change of address with the Clerk. The Clerk shall mail a copy of this Order to the inmate accounting office or other person(s) or entity with responsibility for assessing, collecting, and remitting to the Court the interim filing fee payments on behalf of inmates, as designated by the facility in which Plaintiff is confined. (Ordered by Senior Judge Sam R Cummings on 12/7/2022) (lkw)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:16. Clerk electronically notified TDCJ Inmate Accounting of Order Wed Dec 7 09:44:04 CST 2022 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:17. Wed Dec 7 09:55:13 CST 2022 (crt)
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Filing 15
Filing Fee Deficiency Responce [sic] Update October 31, 2022 with Certificate of Inmate Trust Account filed by John Gabriel Rios re: #10 Order And Notice of Deficiency (lkw)
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Filing 14
Resident Transaction Details by John Gabriel Rios TDCJ # 11061. (lkw)
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Filing 13
Certificate of Trust Account by John Gabriel Rios TDCJ # 11061. (lkw)
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Filing 12
Filing Fee Deficiency RESPONCE [sic] filed by John Gabriel Rios re: #10 Order And Notice of Deficiency, (lkw)
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Filing 11
ORDER RE: Motion #3 ; Motion #6 ; Motion #7 ; and Motion #8 are DENIED. (Ordered by Senior Judge Sam R. Cummings on 10/24/2022) (krr)
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Filing 10
FILING FEE DEFICIENCY ORDER: The Court finds that Plaintiff should, within twenty (20) days from the date of this Order, pay the filing fee of $402.00 or file with the Clerk the following: A certified copy of his inmate trust account statement. The Clerk mailed a Certificate of Inmate Trust Account and Authorization to Plaintiff along with a copy of this Order. (Ordered by Senior Judge Sam R. Cummings on 10/24/2022) (krr) Modified on 10/24/2022 (krr).
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***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Electronic Order mailed to Plaintiff. Mon Oct 24 07:45:07 CDT 2022 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:10, 11. Mon Oct 24 13:35:29 CDT 2022 (crt)
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Filing 9
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 10/21/2022) (chmb)
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Filing 8
MOTION Trial Hearing Schedule filed by John Gabriel Rios (lkw)
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Filing 7
Supeana [sic] Requisite filed by John Gabriel Rios. (lkw)
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Filing 6
Speedy Trial Motion filed by John Gabriel Rios (lkw)
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Filing 5
Notice and Instruction to Pro Se Party (lkw)
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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)
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Filing 3
MOTION Under Texas Criminal Code 15.21 Release On Personal Bond filed by John Gabriel Rios (lkw)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by John Gabriel Rios (lkw)
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Filing 1
COMPLAINT against All Defendants filed by John Gabriel Rios. 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)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3,4,5. Tue Oct 11 13:55:53 CDT 2022 (crt)
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