McDaniel v. Diez et al
| David Wayne McDaniel |
| Misty Diez, Scott Say, James Aaron and Ricky Redman |
| 5:2026cv00039 |
| February 23, 2026 |
| U.S. District Court for the Northern District of Texas |
| Amanda R Burch |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on April 23, 2026. A more recent docket listing may be available from PACER.
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Filing 12
ORDER: 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. 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 May 22, 2026.The Clerk shall mail a copy of this Order and Plaintiff's Complaint and any amended complaint to the above-listed addresses. (Ordered by US Magistrate Judge Amanda R Burch on 4/23/2026) (cjd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Thu Apr 23 11:26:59 CDT 2026 (crt) |
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Filing 11
ORDER TRANSFERRING THE CASE TO THE UNITED STATES MAGISTRATE JUDGE: The Court is of the opinion that this case should be transferred to the docket of the Honorable Amanda 'Amy' R. Burch, United States Magistrate Judge, for further proceedings. This case will now be numbered Civil Action No. 5:26-CV-00039-BV. Case reassigned to US Magistrate Judge Amanda R. Burch for all further proceedings. Judge James Wesley Hendrix no longer assigned to case. (Ordered by Judge James Wesley Hendrix on 4/21/2026) (cjd)
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Filing 10
PLRA FILING-FEE ORDER: Plaintiff filed an application for leave to proceed in forma pauperis. Plaintiff is granted leave to proceed in forma pauperis under 28 U.S.C. 1915. 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 full filing fee of $350.00 under the PLRA. David Wayne McDaniel, # 02585681 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 4/21/2026) (cjd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10,11. Tue Apr 21 10:02:05 CDT 2026 (crt) |
| Filing 9 APPLICATION TO PROCEED IN FORMA PAUPERIS with certificate of trust account filed by David Wayne McDaniel. (cjd) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7,8. Thu Mar 26 10:15:56 CDT 2026 (crt) |
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Filing 8
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff must address the following deficiency: Plaintiff did not pay the $405 filing fee. He filed a certificate of his inmate trust account, but he did not submit a signed application to proceed in forma pauperis (IFP). Therefore, by April 27, 2026 (30 days), Plaintiff is ORDERED to pay the $405 filing fee or file a signed application to proceed IFP. 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 IFP application to Plaintiff along with a copy of this order. (Ordered by Judge James Wesley Hendrix on 3/25/2026) (chmb)
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Filing 7
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 3/25/2026) (chmb)
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| Filing 6 CERTIFICATE OF INMATE TRUST ACCOUNT filed by David Wayne McDaniel. (Attachments: #1 Correspondence Letter) (cjd) (Attachment 1 replaced on 3/24/2026) (cjd). |
| Filing 5 Prisoner Consent filed by David Wayne McDaniel as to Trial by Magistrate Judge. (cjd) |
| Filing 4 Prisoner Consent filed by David Wayne McDaniel as to Trial by Magistrate Judge. (cjd) |
| Filing 3 Notice and Instruction to Pro Se Party (bdg) |
| 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. (bdg) |
| Filing 1 COMPLAINT against All Defendants filed by David Wayne McDaniel. 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. (bdg) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3. Mon Feb 23 11:54:47 CST 2026 (crt) |
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