Muniz v. Wheeler et al
| Mary Muniz |
| Chad Wheeler, Jamie Wheeler, Ted Hogan and FNU Archiblad |
| 5:2024cv00028 |
| January 22, 2024 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 6, 2024. A more recent docket listing may be available from PACER.
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| Filing 8 MOTION for Leave to Proceed in forma pauperis filed by Mary Muniz. (jdh) |
Filing 7
JUDGMENT : IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff's complaint and all claims within it are dismissed as frivolous and malicious, or for failure to state a claim under 28 U.S.C. 1915(e)(2)(8) and 1915A(b). (Ordered by Senior Judge Sam R Cummings on 1/29/2024) (bmh)
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Filing 6
ORDER DISMISSING CASE AS FRIVOLOUS: It is, therefore, ORDERED that:(1) Plaintiff's claims against Defendants Chad Wheeler, Jamie Wheeler, and Ted Hogan are dismissed with prejudice as frivolous and malicious. (2) Plaintiff's claim against Defendant Archiblad is dismissed without prejudice as malicious and for failure to state a claim. (3) This dismissal shall count as a qualifying dismissal under 28 U.S.C. 1915 and 1915 A, 42 U.S.C. 1997e, and Adepegba v. Hammons. Plaintiff is cautioned that this is her fourth strike.2 Thus, she may not proceed in forma pauperis in any civil action or appeal filed while she is incarcerated or detained in any facility unless she is in imminent danger of serious physical injury. (4) Any pending motions are denied. (5) Dismissal of this action does not release Plaintiff or the institution where she is incarcerated from the obligation to pay any filing fee previously imposed. Judgment shall be entered accordingly. Plaintiff is advised that if she appeals this Order, she will be required to pay the appeal fee of $605.00 pursuant to the PLRA. (Ordered by Senior Judge Sam R Cummings on 1/29/2024) (bmh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6,7. Mon Jan 29 10:40:17 CST 2024 (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 Senior Judge Sam R Cummings on 1/23/2024) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. Mailed copy of NEF - Doc. No. 5. Tue Jan 23 11:37:57 CST 2024 (crt) |
| Filing 4 Certificate of Trust Account by Mary Muniz LCDC # 119436. (jdh) |
| Filing 3 Notice and Instruction to Pro Se Party. (jdh) |
| 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. (jdh) |
| Filing 1 COMPLAINT against All Defendants 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. (jdh) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3. Mon Jan 22 13:13:41 CST 2024 (crt) |
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