Rogers v. Jennings, et al
| Delbert Glenn Rogers and Victor Jackson |
| Ms. Debra Jennings, Texas Civil Commitment Center, Ms. Jennifer Brown, Mr. Wayne Smoker, Mr. Andria Johnson, Mr. James Winckler, Mr. Brent Ruebensam, Mr. Vaulasa Phaosoung and Angelena Johnson |
| Management & Training Corporation (MTC) |
| 5:2024cv00049 |
| February 6, 2024 |
| US District Court for the Northern District of Texas |
| D Gordon Bryant |
| James Wesley Hendrix |
| Prisoner Pet/Other: Civil Detainee-Conditions of Confinement |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.
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| Filing 18 AMICUS CURIAE ADVISORY TO THE COURT (RESPONSE) filed by Management & Training Corporation (MTC), RE: #16 Order. (Pickett, Amber) Modified text to match document title, krr. |
| Filing 17 CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE by Delbert Glenn Rogers. (krr) |
Filing 16
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 Plaintiff's Complaint and any amended complaint. The records and executed Certification must be returned to the Court on or before April 9, 2024. Clerk mailed a copy of this Order and Plaintiff's Complaint and any amended complaint to the above-listed addresses. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 3/11/2024) (bmh)
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Filing 15
NOTICE OF AVAILABILITY OF MAGISTRATE JUDGE TO EXERCISE JURISDICTION: It is ORDERED that if Plaintiff wishes to consent to proceed before a United States Magistrate Judge, Plaintiff must sign and date the attached consent form and return the completed form to the United States District Clerk, Northern District of Texas, Lubbock Division, within thirty (30) days from the receipt of this notice. Clerk mailed this notice, N.D. Texas Miscellaneous Order No. 14,and the attached consent form to Plaintiff. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 3/11/2024) (Attachments: #1 Miscellaneous Order 14) (bmh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:15,16. Clerk mailed copy of this Order and Plaintiff's Complaint and any amended complaint to the above-listed addresses. Mon Mar 11 09:29:30 CDT 2024 (crt) |
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Filing 14
ORDER TRANSFERRING THE CASE TO THE UNITED STATES MAGISTRATE JUDGE: Case reassigned to Magistrate Judge D. Gordon Bryant, Jr for all further proceedings. Judge James Wesley Hendrix no longer assigned to case. This case will now be numbered Civil Action No. 5:24-CV-00049-BQ. (Ordered by Judge James Wesley Hendrix on 3/8/2024) (bmh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Fri Mar 8 10:31:08 CST 2024 (crt) |
| Filing 13 AMENDED COMPLAINT against Jennifer Brown, Debra Jennings, Angelena Johnson, Vaulasa Phaosoung, James Winckler filed by Delbert Glenn Rogers. 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) |
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Filing 12
ORDER (TO SEVER): Plaintiffs jointly filed a document titled "Motion for Federal Cause For Action Criminal Complaint that the Court construed as a civil-rights action. See Dkt. No. #3 . They did not pay the filing fee, but both seek leave to proceed informa pauperis (IFP). Dkt. No. #4 . The Court grants the requests for leave to proceed IFP but severs Plaintiffs' claims into separate civil actions. Plaintiffs requested appointment of counsel. Dkt. No. #6 . Plaintiffs' request for appointment of counsel is denied without prejudice to each plaintiffs right to request appointment of counsel after the Court has completed screening of his case or should there be a material change of circumstances. The complaint of Delbert Glenn Rogers will continue under this civil action No. 5:24-CV-00049-H. Victor Jackson is terminated from this action. The complaint of Victor Jackson is severed into a separate civil action, with anew cause number. In the new civil action, the Clerk will file a copy of this order and the complaint, motion for leave to proceed informa pauperis, affidavit, and exhibits (Dkt. Nos. #3 , #4 , #5 , #7 ). Plaintiffs Rogers and Jackson must each, within 20 days from the date of this order, submit his separate, complete amended complaint-setting out only his own claims-on the court-approved form for civil-rights cases. The Clerk will mail a prisoner civil-rights complaint form, marked "Amended" and with the corresponding cause number, to each plaintiff along with a copy of this order for their use in complying with this order. The Clerk is directed to return a copy of the exhibits relevant to each plaintiff for their use in preparing their amended complaints. Specifically, the Clerk should send a copy of Dkt. No. #7 , pages 1-35 to Rogers, and pages 36-67 to Jackson. (Ordered by Judge James Wesley Hendrix on 2/15/2024) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. CLERK MAILED THIS ORDER (TO SEVER) ALONG WITH EXHIBITS 1-35 TO ROGERS, AND EXHIBITS 36-67 TO JACKSON. CLERK ALSO MAILED AN AMENDED COMPLAINT FORM TO ROGERS FOR THIS ACTION. Thu Feb 15 16:30:32 CST 2024 (crt) |
| ***Clerk's Notice of delivery*** disregard, error |
| Filing 11 Notice and Instruction to Pro Se Party. (krr) |
| Filing 10 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) |
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Filing 9
ELECTRONIC Order transferring case to the Lubbock Division of the United States District Court for the Northern District of Texas. Under the authority of Miscellaneous Order No. 6, this action is transferred to the Lubbock Division, where venue is proper. See 28 U.S.C. 1404(a). Plaintiffs, who are confined pursuant to orders of civil commitment, filed this pro se civil rights action against officials at the Texas Civil Commitment Center in Littlefield, Texas, which is located within the Lubbock Division. They complain of events that occurred at the TCCC. Doc. #3 . Plaintiffs have alleged no events that occurred within the Dallas Division. (Ordered by Magistrate Judge Renee Harris Toliver on 2/14/2024) (chmb)
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Filing 8
ELECTRONIC NOTICE OF JUDICIAL SCREENING AND STANDING ORDER. Judicial screening of this case is pending. See 28 U.S.C. 1915(e)(2). It is therefore ORDERED that (1) service of process shall be withheld pending completion of judicial screening, (2) no motions for appointment of counsel shall be filed until the Court has completed the screening process, (3) all discovery in this case is stayed until the Court enters a scheduling order, (4) no amendments or supplements to the complaint shall 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 by filing a written Notice of Change of Address with the Clerk of the Court. Failure to provide updated address information may result in the dismissal of the case for failure to prosecute or follow court order under Fed. R. Civ. 41(b). (Ordered by Magistrate Judge Renee Harris Toliver on 2/14/2024) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3, 10, 11 . Courtesy copy of docket sheet mailed to Plaintiffs also. Wed Feb 14 16:54:53 CST 2024 (crt) |
| NEW CASE NUMBER 5:24-cv-00049-H Rogers et al v. Jennings et al has been opened following the order of transfer entered in case number 3:24cv0336-G. Future filings should reflect only the new case number and be directed to the proper division (see LR 5.1(a)). Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (ldm) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Tue Feb 13 10:31:12 CST 2024 (crt) |
| Filing 7 Motion for Exhibits in Support filed by Victor Jackson, Delbert Glenn Rogers re #3 Complaint. (agc) |
| Filing 6 MOTION to Appoint Counsel filed by Victor Jackson, Delbert Glenn Rogers. (agc) |
| Filing 5 AFFIDAVIT re #3 Complaint, by Victor Jackson, Delbert Glenn Rogers. (agc) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Victor Jackson, Delbert Glenn Rogers. (agc) |
| Filing 3 COMPLAINT against Delbert Glenn Rogers, Texas Civil Commitment Center filed by Victor Jackson, Debra Jennings. 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. (agc) |
| Filing 2 Notice and Instruction to Pro Se Party. (agc) |
| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Initiating documents received by mail. 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 (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (agc) |
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