Calloway v. Dawson County et al
| Derick Calloway |
| Dawson County, NFN Thorten, LPD and Dawson County Jail |
| 5:2023cv00141 |
| July 5, 2023 |
| 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 Civil Rights Act |
| None |
Docket Report
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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 Plaintiffs 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 September 27, 2023. (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 8/22/2023) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:13. Clerk also mailed this Order and any Complaint/Amended Complaint to the officials listed in the Order. Tue Aug 22 13:35:38 CDT 2023 (crt) |
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Filing 12
ORDER TRANSFERRING THE CASE TO THE UNITED STATES MAGISTRATE JUDGE: 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 will now be numbered Civil Action No. 5:23-CV-00141-BQ. (Ordered by Senior Judge Sam R. Cummings on 8/21/2023) (krr)
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Filing 11
PLRA FILING FEE ORDER: Came on for consideration Plaintiff's Application for Leave to Proceed in Forma Pauperis in this civil-rights action. (Doc. #7 ). The Court, having considered Plaintiff's application and certificate of inmate trust account,finds that the following order should be entered. It is ORDERED that: Plaintiff is granted leave to proceed informa pauperis. Plaintiff will not be assessed an initial partial 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 fullfiling fee of $350.00 pursuant to the PLRA. Plaintiff shall pay the $350.00 in monthly installments as provided in 28 U.S.C. l9l5(b)(2). After payment of the initial partial filing fee, if any, the agency having custody of Plaintiff shall deduct 20%o of each deposit made to Plaintiff's inmate trust account and forwardpayments to the Court on a regular basis provided the account exceeds $10.00. The Clerk mailed a copy of this Order attention to INMATE ACCOUNTING where the Plaintiff is confined. (Ordered by Senior Judge Sam R. Cummings on 8/21/2023) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Mon Aug 21 10:14:26 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Mon Aug 21 10:19:29 CDT 2023 (crt) |
| Filing 10 Certificate of Trust Account by Derick Calloway, TDCJ #: 30189. (krr) |
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Filing 9
DEFICIENCY SHOW CAUSE ORDER: The Court ORDERS Plaintiff to sign and return the authorization portion of the certificate of his inmate trust account within 20 days from the date of this order. The Court DIRECTS the Clerk to send Plaintiff a copy of his certificate of inmate trust account (Doc. 7 at 3) with a copy ofthis order so that he may sign the authorization. If Plaintiff does not comply with this order, the Court will deny his IFP application and require him to pay the $402 filing fee before this case proceeds. (Ordered by Senior Judge Sam R Cummings on 7/24/2023) (bmh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Clerk mailed to Plaintiff a copy of his certificate of inmate trust account (Doc. 7 at 3) with a copy of this order so that he may sign the authorization. Mon Jul 24 09:20:51 CDT 2023 (crt) |
| Filing 8 NOTICE AND ELECTION REGARDING CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE by Derick Calloway. (krr) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Derick Calloway. (krr) |
| Filing 6 AMENDED COMPLAINT against All Defendants filed by Derick Calloway. 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) |
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Filing 5
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff must address the following deficiencies: The complaint was not filed on the court-approved form and neither the $402 filing fee nor a request to proceed in forma pauperis was submitted. Therefore, by August 7, 2023 (30 days), Plaintiff is ORDERED to (1) file the civil-rights complaint on the approved form, and (2) 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, a certificate of inmate trust account with authorization, and a prisoner civil-rights complaint form marked "amended," to Plaintiff along with a copy of this order. (Ordered by Senior Judge Sam R Cummings on 7/6/2023) (chmb)
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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 7/6/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. Mailed copy of NEF 4. Thu Jul 6 08:53:18 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. Mailed copy of NEF for Doc. 5, an application to proceed in forma pauperis, certificate of inmate trust account with authorization and Prisoner's Civil Rights 1983 form marked "amended," to Plaintiff. Thu Jul 6 09:41:18 CDT 2023 (crt) |
| Filing 3 Notice and Instruction to Pro Se Party (lkw) |
| 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. (lkw) |
| Filing 1 COMPLAINT against All Defendants filed by Derick Calloway. 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. Wed Jul 5 15:21:53 CDT 2023 (crt) |
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