Muniz v. Hendrix
Plaintiff: Mary Muniz and Mary Isobel Muniz Juarez Leyva
Defendant: James Wesley Hendrix
Case Number: 5:2023cv00111
Filed: May 25, 2023
Court: US District Court for the Northern District of Texas
Presiding Judge: Sam R Cummings
Nature of Suit: Prisoner Pet/Other: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 10, 2023 Filing 12 Mail returned as undeliverable RE: #9 ORDER OF DISMISSAL AND #10 JUDGMENT, which were received back from Mary Muniz as RTS. No address update from last filed document. The current documents have not been re-mailed. (krr)
June 28, 2023 Filing 11 Mail returned as undeliverable RE: #7 ORDER, which was received back from Mary Muniz as RTS - UTF. No address update from last filed document. The current document has not been re-mailed. (krr)
June 27, 2023 Opinion or Order Filing 10 JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff's complaint and all claims alleged therein are dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). (Ordered by Senior Judge Sam R. Cummings on 6/27/2023) (krr)
June 27, 2023 Opinion or Order Filing 9 ORDER: Because the Court has no way of contacting Plaintiff, this case cannot proceed. The Court therefore, finds that Plaintiff's complaint should be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). SO ORDERED. Judgment shall be entered accordingly. Plaintiff is admonished that if she wishes to proceed with this action, she must file a motion to reopen this case within 30 days of the date of this order. Otherwise, she may refile her complaint on the proper form and either pay the $402 filing fee or file the appropriate IFP application. (Ordered by Senior Judge Sam R. Cummings on 6/27/2023) (krr)
June 27, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:9, 10. Tue Jun 27 10:15:45 CDT 2023 (crt)
June 22, 2023 Filing 8 Mail returned as undeliverable from Lubbock County Detention Center, ATTN: Inmate Accounting Officer RE: #7 ORDER, which was received back from Lubbock County Detention Center as RTS - NOT IN JAIL. No address update from last filed document(s). The current document has not been re-mailed. (krr)
June 12, 2023 Opinion or Order Filing 7 PLRA FILING FEE ORDER: Mary Muniz shall pay $350.00 in monthly installments as mandated by the PLRA. Clerk to mail 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 6/12/2023) (bdg)
June 12, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Also mailed copy of Order to Lubbock County Detention Center - Inmate Accounting Officer. Mon Jun 12 10:31:42 CDT 2023 (crt)
June 8, 2023 Filing 6 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Mary Muniz. (krr)
May 26, 2023 Opinion or Order Filing 5 ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff must address the following deficiency: Plaintiff did not pay the $402 filing fee or file a request to proceed in forma pauperis with a certificate of her inmate trust account. Therefore, by June 26, 2023 (30 days), Plaintiff is ORDERED to pay the $402 filing fee or file an application to proceed in forma pauperis on the approved form with the required certificate of inmate trust account. 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 application to proceed in forma pauperis and a certificate of inmate trust account with authorization to Plaintiff along with a copy of this order. (Ordered by Senior Judge Sam R Cummings on 5/26/2023) (chmb)
May 26, 2023 Opinion or Order Filing 4 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 5/26/2023) (chmb)
May 26, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:4,5. Electronic Orders mailed to Plaintiff, along with a Motion to Proceed in forma Pauperis and a Certificate of Inmate Trust Account. Fri May 26 14:33:19 CDT 2023 (crt)
May 25, 2023 Filing 3 Notice and Instruction to Pro Se Party. (krr)
May 25, 2023 Filing 2 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. (krr)
May 25, 2023 Filing 1 COMPLAINT against Judge James Wesley Hendrix filed by Mary Muniz. 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. (krr) (Additional attachment(s) added on 5/25/2023: #1 Cover Letter to Complaint) (krr).
May 25, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3. Thu May 25 10:31:34 CDT 2023 (crt)

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Plaintiff: Mary Muniz
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Plaintiff: Mary Isobel Muniz Juarez Leyva
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Defendant: James Wesley Hendrix
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