Rios v. Lubbock County Sheriff's Office et al
| John Gabriel Rios |
| Lubbock County Sheriff's Office, Chekota Parker, Bill De Haas, Philip Wischkaemper and Sheriff Kelly Rowe |
| 5:2023cv00109 |
| May 24, 2023 |
| US District Court for the Northern District of Texas |
| D Gordon Bryant |
| James Wesley Hendrix |
| 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 June 26, 2023. A more recent docket listing may be available from PACER.
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| AUTHENTICATED RECORDS FROM TX DEPT OF PUBLIC SAFETY RE: #13 ORDER, RECEIVED AND MAINTAINED IN JGB CHAMBERS. (krr) |
| AUTHENTICATED RECORDS RE: #13 ORDER, RECEIVED AND MAINTAINED IN JGB CHAMBERS. (krr) |
Filing 13
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 attach the executed Certification to the records provided to the Court. The records and executed Certification must be returned to the Court on or before July 14, 2023. The Clerk shall mail a copy of this Order and Plaintiff's Complaint and any amended complaint to the listed addresses. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 6/14/2023) (bdg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:13. Also mailed copy of Order - Doc. 13 and Complaint to Lubbock County Detention Center - Records Department, Assistant District Attorney - Lubbock County Courthouse and Office of General Counsel, Texas Department of Public Safety.. Wed Jun 14 09:50:02 CDT 2023 (crt) |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge D. Gordon Bryant, Jr. for all further proceedings. This case will now be numbered Civil Action No. 5:23-CV-00109-BQ. Judge James Wesley Hendrix no longer assigned to case. (Ordered by Judge James Wesley Hendrix on 6/13/2023) (krr)
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Filing 11
ORDER: Plaintiff filed a document titled "Summons," which the Court interprets as a request for the clerk to issue summons. (Dkt. No. #9 .) The request is denied. Judicial screening under 28 U.S.C. 1915(e)(2) remains pending in this case, and service of process has been withheld until such screening is complete. (Ordered by Judge James Wesley Hendrix on 6/13/2023) (krr)
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Filing 10
PLRA FILING FEE ORDER: Plaintiff is granted leave to proceed in forma pauperis. Plaintiff must pay $350.00 in monthly installments as mandated by the PLRA. 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. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. (Ordered by Judge James Wesley Hendrix on 6/13/2023) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10, 11, 12. Clerk also mailed a copy of Order #10 to Lynn County Jail with attention to Inmate Accounting. Tue Jun 13 16:13:59 CDT 2023 (crt) |
| Filing 9 SUMMONS filed by John Gabriel Rios. (krr) Modified on 6/13/2023 to include that the court interpreted the Summons as a request per an Order entered on this day (krr). |
| Filing 8 CERTIFICATE OF INMATE TRUST ACCOUNT by John Gabriel Rios TDCJ #, 11061. (krr) |
| Filing 7 NOTICE AND ELECTION REGARDING CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE by John Gabriel Rios. (krr) |
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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 request to proceed in forma pauperis, but he did not submit a certificate of his inmate trust account with authorization. Therefore, by June 26, 2023 (30 days), Plaintiff is ORDERED to pay the $402 filing fee or file the required certificate of inmate trust account with authorization. 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 a certificate of inmate trust account with authorization to Plaintiff along with a copy of this order. (Ordered by Judge James Wesley Hendrix on 5/25/2023) (chmb)
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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 5/25/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. Clerk mailed Electronic Orders 5 and 6 to Plaintiff, along with a Certificate of Inmate Trust Account with Authorization form. Thu May 25 11:36:40 CDT 2023 (crt) |
| Filing 4 Notice and Instruction to Pro Se Party (bdg) |
| 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. (bdg) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by John Gabriel Rios (bdg) |
| 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. (bdg) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,3,4. Wed May 24 09:48:28 CDT 2023 (crt) |
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