Slayton v. Coleman County
| Billy Wayne Slayton |
| Coleman County, Leslie W. Cogdill and Wade Turner |
| 6:2020cv00094 |
| September 9, 2020 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 13 MOTION to Dismiss filed by Billy Wayne Slayton. (dsr) |
| Filing 12 Duplicate notice of change of address. Address previously changed re #10 Notice of Change of Address filed by Billy Wayne Slayton. (dsr) |
| Filing 11 Mail returned as undeliverable. #7 Order For Partial Filing Fee, #8 Order, #9 Judgment received back from Billy Wayne Slayton as Not deliverable as addressed. Address updated from last filed document, #10 . The current document has been re-mailed. (pnp) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7, 8, 9. mailed to Plaintiff Mon Oct 26 15:08:28 CDT 2020 (crt) |
| Filing 10 NOTICE of Change of Address for Pro Se litigant Billy Wayne Slayton. New address: TDCJ East Texas Treatment Facility, P.O. Box 8000, Henderson, TX 75653. (pnp) |
Filing 9
JUDGMENT: Plaintiffs complaint and all claims alleged therein are dismissed with prejudice. (Ordered by Senior Judge Sam R Cummings on 10/13/2020) (dsr)
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Filing 8
ORDER: Plaintiff's complaint and all claims alleged therein are dismissed with prejudice as frivolous or malicious. This dismissal shall count as a qualifying dismissal under 28 U.S.C. 1915 and 1915A, 42 U.S.C. 1997e, and Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996). Plaintiff is cautioned that if he accumulates three strikes, he may not proceed in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is in imminent danger of serious physical injury. See 28 U.S.C. 1915(g). Any pending motions are denied. Judgment shall be entered accordingly. Plaintiff is advised that if he appeals this Order, he will be required to pay the appeal fee of $505.00 pursuant to the PLRA, and he must submit an application to proceed in forma pauperis and a 6-month Certificate of inmate Trust Account at the same time he files his notice of appeal. (Ordered by Senior Judge Sam R Cummings on 10/13/2020) (dsr)
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Filing 7
PLRA FILING FEE ORDER: Plaintiff is granted leave to proceed in forma pauperis and no initial filing fee is due. The balance of the Filing Fee in amount of $350.00 remaining and shall be paid in monthly installments according to the PLRA. (Clerk note: TDCJ Inmate Trust Office has been electronically notified of this order.) (Ordered by Senior Judge Sam R Cummings on 10/13/2020) (dsr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 7, 8, 9. mailed to Plaintiff. Tue Oct 13 10:11:43 CDT 2020 (crt) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Billy Wayne Slayton. (pnp) |
| Filing 5 AMENDED COMPLAINT against Leslie W. Cogdill, Wade Turner filed by Billy Wayne Slayton. 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. (pnp) (Additional attachment(s) added on 10/7/2020: #1 Exhibits) (pnp). (Additional attachment(s) added on 10/8/2020: #2 Clk ltr w-original exhibits returned) (dsr). |
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Filing 4
FILING FEE DEFICIENCY ORDER: Billy Wayne Slayton must address the following deficiency: $400.00 filing fee or file an application to proceed in forma pauperis. Plaintiff shall complete and file an Amended Complaint. Failure to comply with this order may lead to dismissal for want of prosecution without further notice. Deadline to cure the deficiency is Twenty (20) days. Clerk to mail Application for IFP and Amended Complaint forms to Plaintiff along with a copy of this order. (Ordered by Senior Judge Sam R Cummings on 9/14/2020) (dsr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. mailed to Plaintiff along with the Application for IFP and Amended form as set out in the order. Mon Sep 14 09:54:55 CDT 2020 (crt) |
| Filing 3 Notice and Instruction to Pro Se Party. (pnp) |
| Filing 2 New Case Notes: A filing fee has not been paid. (pnp) |
| Filing 1 COMPLAINT against Coleman County filed by Billy Wayne Slayton. 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. (pnp) (Main Document 1 replaced due to case number missing on first page on 9/9/2020) (pnp). |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3. mailed to Plaintiff Wed Sep 9 15:32:15 CDT 2020 (crt) |
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