Daniell v. Fuller, et al
| Justin Daniell |
| James Fuller, Brown County Jail, FBI, Vance Hill, Stephanie Baker, Leslie Carnes, Michele Kellems, David Mercer, Tony Aguilar, John Doe #'s 1-41 5:23-CV-257 and Jane Doe #'s 1-12 5:23-CV-257 |
| 5:2023cv00257 |
| October 30, 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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This docket was last retrieved on December 15, 2023. A more recent docket listing may be available from PACER.
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Filing 16
ORDER TO FILE COMPLETE AMENDED COMPLAINT: The Court denies the motions to amend and directs the Clerk to unfile Plaintiff's proposed amended complaints, Dkt. Nos. 10, 13, and return them to Plaintiff with a copy of this order. The Clerk will mail a prisoner civil-rights complaint form, marked "FINAL AMENDED" and stamped with this cause number, to Plaintiff along with a copy of this order. If Plaintiff does not respond to this order with his final amended complaint within 30 days, the Court will look only to the contents of his second amended complaint, Dk. No. 19, to proceed with screening of his claims under 28 U.S.C. 1915. Plaintiff's request that the Clerk change his address in this action to a residential address is denied as moot, given that he has since notified the Court that he has been moved from the Brown County Jail to the East Texas Treatment Facility. Nevertheless, the Court admonishes Plaintiff that the Clerk is not permitted to send Court mail to an address other than where the party is currently housed. (Ordered by Judge James Wesley Hendrix on 12/15/2023) (bdg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:16. Also mailed FINAL AMENDED Complaint form along with order and documents 10 and 13 as unfiled. Fri Dec 15 10:34:35 CST 2023 (crt) |
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Filing 15
PLRA FILING FEE ORDER: Plaintiff is granted leave to proceed in forma pauperis under 28 U.S.C. 1915. Justin Daniell shall pay $350.00 in monthly installments as mandated by the PLRA. (Clerk note: TDCJ Inmate Trust Office has been electronically notified of this order.) (Ordered by Judge James Wesley Hendrix on 12/13/2023) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Wed Dec 13 14:39:45 CST 2023 (crt) |
| Filing 14 NOTICE of Change of Address for Pro Se litigant Justin Daniell. New address: E.T.T.F. (East Texas Treatment Facility) 900 Industrial Drive Henderson, TX 75652 (Mailing Address is a P.O. Box). (krr) |
| Status Request by Justin Daniell- See ECF No. #14 for PDF. Clerk re-mailed ECF No. #12 to Mr. Daniell along with a courtesy copy of the Docket Sheet. (krr) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Clerk is re-mailing ECF No. #12 along with a copy of the Docket Sheet per ECF No. #14 - Plaintiff's Notice of Change of Address and Status Request. Tue Dec 12 11:37:01 CST 2023 (crt) |
| Filing 13 ***UNFILED PER ORDER - DOC. NO. 16*** MOTION for Leave to File an Amended Complaint, filed by Justin Daniell. (Attachments: #1 Proposed Amended Complaint - Statement of Claims) (krr) Modified on 12/15/2023 (bdg). |
| Filing 12 Status Request by Justin Daniell with Deputy Clerk Response. (Attachments: #1 clerk's correspondence letter) (jdh) |
| Filing 11 MOTION for Change of Address filed by Justin Daniell. (jdh) |
| Filing 10 ***UNFILED PER ORDER - DOC. NO. 16*** MOTION to Amend/Correct #7 Amended Complaint, filed by Justin Daniell (Attachments: #1 proposed amended complaint) (jdh) Modified on 12/15/2023 (bdg). |
| Filing 9 Certificate of Trust Account by Justin Daniel, Inmate # 830555, RE: #8 Motion for Leave to Proceed in forma Pauperis. |
| Filing 8 MOTION for Leave to Proceed in forma pauperis filed by Justin Daniell. (krr) |
| Filing 7 AMENDED COMPLAINT WITH JURY DEMAND against all Defendants, filed by Justin Daniell. 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 6
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 November 30, 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," and with this cause number, to Plaintiff along with a copy of this order. (Ordered by Judge James Wesley Hendrix on 10/30/2023) (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 10/30/2023) (chmb)
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| Filing 4 MOTION for Temporary Restraining Order filed by Justin Daniell. (See ECF No. #1 for PDF Of Motion.) (krr) |
| Filing 3 Notice and Instruction to Pro Se Party. (krr) |
| Filing 2 New Case Notes: A filing fee has not been paid. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) 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 1 COMPLAINT against All Defendants filed by Justin Daniell. 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. Mon Oct 30 09:42:51 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. Clerk mailed an application to proceed in forma pauperis, a certificate of inmate trust account with authorization, and a prisoner civil-rights complaint form marked "amended," and with this cause number, to Plaintiff along with a copy of this order. Mon Oct 30 14:19:38 CDT 2023 (crt) |
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