Hallcy v. Hale County Commissioners et al
| Mark DeWayne Hallcy |
| Hale County Commissioners, David Mull, Wally Hatch, Danah Zirpoli, Jerry Mathews and Robert Kinkaid, Jr. |
| 5:2023cv00177 |
| August 11, 2023 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| USCA Case Number 23-10965 in USCA Fifth Circuit for #11 Notice of Appeal, filed by Mark DeWayne Hallcy. (krr) |
| Filing 11 NOTICE OF APPEAL as to #8 Order Dismissing Case as Frivolous,,, to the Fifth Circuit by Mark DeWayne Hallcy. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (krr) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Tue Sep 12 09:10:47 CDT 2023 (crt) |
| Filing 10 NOTICE filed by Mark DeWayne Hallcy, RE: 5 Order. (krr) |
Filing 9
JUDGMENT: For the reasons stated in the Court's order entered today, it is ordered, adjudged, and decreed that Plaintiff's civil-rights complaint is dismissed pursuant to the three-strikes provision of 28 U.S.C. 1915(g). (Ordered by Judge James Wesley Hendrix on 8/28/2023) (krr)
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Filing 8
ORDER DISMISSING CASE: Plaintiff Mark DeWayne Hallcy, a prisoner proceeding pro se, filed a civil-rights complaint under 42 U.S.C. 1983 using the required form. Dkt. No. #1 . Plaintiff did not pay the filing fee of $402.00 but filed a handwritten request to waive the filing fee. Dkt. No. #2 . As explained below, the Court finds that this complaint must be dismissed without prejudice under the three-strikes provision of the Prison Litigation Reform Act (PRLA). See 28 U.S.C. 19l5(e). The Court warns Plaintiff that further abuse of the judicial process by filing frivolous lawsuits without complying with the fee provisions of the PLRA will result in the imposition of sanctions, including monetary sanctions, a complete bar to filing civil actions in this Court, or both. (Ordered by Judge James Wesley Hendrix on 8/28/2023) (krr)
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| Filing 7 MOTION TO AMEND PURSUANT TO FED. R. CIVIL P. RULE 15(a), RE: #1 Complaint, filed by Mark DeWayne Hallcy. (krr) |
| Filing 6 NOTICE AND ELECTION REGARDING CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE, filed by Mark DeWayne Hallcy. (krr) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8,9. Mon Aug 28 13:20:08 CDT 2023 (crt) |
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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 8/14/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Electronic Order mailed to Plaintiff. Mon Aug 14 15:00:01 CDT 2023 (crt) |
| Filing 4 Notice and Instruction to Pro Se Party. (krr) |
| 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. (krr) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Hand-written request to waive the requirement of filing fee) filed by Mark DeWayne Hallcy. (krr) |
| Filing 1 COMPLAINT against All Defendants filed by Mark DeWayne Hallcy. 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) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3,4. Fri Aug 11 10:46:11 CDT 2023 (crt) |
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