Kirk v. Rowe et al
Plaintiff: Troy Kirk
Defendant: Kelly Rowe, FNU Deleon, K. Balawejder, J. Ponce and Mail Clerks
Case Number: 5:2023cv00085
Filed: April 18, 2023
Court: US District Court for the Northern District of Texas
Presiding Judge: D Gordon Bryant
Referring Judge: Sam R Cummings
Nature of Suit: Prisoner Pet/Other: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 2, 2023 Opinion or Order Filing 11 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. The records and executed Certification must be returned to the Court on or before July 5, 2023. Clerk mailed a copy of this Order and Plaintiff's Complaint and any amended complaint to the above-listed addresses. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 6/2/2023) (bmh)
June 2, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Clerk mailed a copy of this Order and Plaintiffs Complaint and any amended complaint to the above-listed addresses. Fri Jun 2 09:13:16 CDT 2023 (crt)
May 8, 2023 Opinion or Order Filing 10 ORDER: Case reassigned to Magistrate Judge D. Gordon Bryant, Jr for all further proceedings. Senior Judge Sam R Cummings no longer assigned to case. This case shall hereinafter be numbered Civil Action No. 5:23-CV-00085-BQ. (Ordered by Senior Judge Sam R Cummings on 5/8/2023) (bmh)
May 8, 2023 Opinion or Order Filing 9 PLRA FILING FEE: Plaintiff is granted leave to proceed in forma pauperis. Plaintiff will not be assessed an initial partial filing fee. Plaintiff shall pay the $350.00 in monthly installments. Clerk mailed this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. (Ordered by Senior Judge Sam R Cummings on 5/8/2023) (bmh)
May 8, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:9,10. Mon May 8 10:50:59 CDT 2023 (crt)
May 2, 2023 Filing 8 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Troy Kirk. (bmh)
April 25, 2023 Filing 7 Notice and Election Regarding Consent to Proceed Before A United States Magistrate Judge by Troy Kirk. Plaintiff consents to have a United States Magistrate Judge conduct any and all further proceedings, including any trial, and order entry of final judgment. (lkw)
April 19, 2023 Opinion or Order 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 certificate of his inmate trust account, but he did not submit a signed application to proceed in forma pauperis (IFP). Therefore, by May 19, 2023 (30 days), Plaintiff is ORDERED to pay the $402 filing fee or file a signed application to proceed IFP. 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 an IFP application to Plaintiff along with a copy of this order. (Ordered by Senior Judge Sam R Cummings on 4/19/2023) (chmb)
April 19, 2023 Opinion or Order 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 Senior Judge Sam R Cummings on 4/19/2023) (chmb)
April 19, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. Wed Apr 19 10:31:24 CDT 2023 (crt)
April 19, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. Electronic Orders mailed to Plaintiff. Wed Apr 19 10:53:35 CDT 2023 (crt)
April 18, 2023 Filing 4 Notice and Instruction to Pro Se Party. (bmh)
April 18, 2023 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. (bmh)
April 18, 2023 Filing 2 Certificate of Trust Account by Troy Kirk TDCJ # 70842. (bmh)
April 18, 2023 Filing 1 COMPLAINT against All Defendants filed by Troy Kirk. 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)
April 18, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3,4. Tue Apr 18 10:51:38 CDT 2023 (crt)

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Plaintiff: Troy Kirk
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Defendant: Kelly Rowe
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Defendant: FNU Deleon
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Defendant: K. Balawejder
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Defendant: J. Ponce
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Defendant: Mail Clerks
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