McCallister v. Davis et al
| David H. McCallister |
| University of Texas Medical Branch Institution Division, Director's Medical and Dental Department, John Doe, William Stephens, Texas Department of Criminal Justice, Warden Lorie Davis and Correctional Institution Division Director |
| 2:2019cv00239 |
| August 20, 2019 |
| US District Court for the Southern District of Texas |
| Jason B Libby |
| David S Morales |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on October 18, 2019. A more recent docket listing may be available from PACER.
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| Filing 42 ACKNOWLEDGMENT OF SERVICE on 10/04/2019 re: MEMORANDUM AND RECOMMENDATION, filed.(MaraSalas, 2) |
| Filing 41 SUPPLEMENT to #40 Objections to Memorandum and Recommendations by David H. McCallister, filed.(mserpa, 2) |
| Filing 40 OBJECTIONS to #39 Memorandum and Recommendations, filed by David H. McCallister. (mserpa, 2) |
| Filing 39 MEMORANDUM AND RECOMMENDATION re #1 Complaint Objections to M&R due by 10/15/2019(Signed by Magistrate Judge Jason B Libby) Parties notified.(mserpa, 2) |
Filing 38
ORDER denying #37 Motion.(Signed by Magistrate Judge Jason B Libby) Parties notified.(mserpa, 2)
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| Filing 37 MOTION to Correct the RecordMotions referred to Jason B Libby. by David H. McCallister, filed. Motion Docket Date 10/10/2019. (Attachments: #1 Envelope)(AnnSalazar, 2) |
| Filing 36 OBJECTION and NOTICE OF NON-CONSENT, filed by David H. McCallister. (mserpa, 2) |
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Filing 35
ORDER. An Amended Complaint containing all of Plaintiff's allegations on a Section 1983 form is ordered to be filed on or before by 9/20/2019. Plaintiff is ordered to pay the requisite District Court filing fee or to file an application for leave to proceed In Forma Pauperis along with a Certified Copy of his prison trust fund account statement. All future filings shall be directed to this Court. (Signed by Magistrate Judge Jason B Libby) Parties notified.(jalvarez, 2) A Section 1983 form, application for IFP, and a copy of this order has been mailed to Plaintiff McCallister 8-21-2019./jfa
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| Filing 34 NOTICE of Exclusion, filed. (ChristinaAvila, 2) |
| Filing 33 NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (ChristinaAvila, 2) |
| Filing 32 Case transferred in from Texas Western. Case Number 5:16-cv-00032; received docs electronically |
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Filing 31
ORDER Transferring Case to SD/TX, Corpus Christi Division. Signed by Chief Judge Orlando L. Garcia. (mgr)
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| Filing 30 RESPONSE to #29 Order by David H. McCallister. (mgr) |
| Certification of the Electronic Record on Appeal in USCA #19-50543 has been accepted by the 5th Circuit. re #25 Notice of Appeal - Interlocutory. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions #here (dtg) |
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Filing 29
ORDER GRANTING IN PART re #27 Advisory to the Court filed by David H. McCallister, Plaintiff is granted thirty (30) days from the date of this order to file his amendedcomplaint.. Signed by Judge Elizabeth S. Chestney. (mgr)
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| Sent Plaintiff a standard 1983 form along with Order (doc #29) and Court's Show Cause Order (doc #19) (mgr) |
| Filing 28 ADVISORY TO THE COURT by David H. McCallister. (mgr) |
| Filing 27 ADVISORY TO THE COURT by David H. McCallister. (mgr) |
| Filing 26 Letter/Correspondence from David H. McCallister. (mgr) |
| Filing 25 NOTICE OF INTERLOCUTORY APPEAL by David H. McCallister. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out #Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above.***MR. MCCALLISTER'S NOTICE OF INTERLOCUTORY APPEAL FILED PER 5TH CIRCUIT'S INSTRUCTIONS*** (Attachments: #1 TRANSMITTAL LETTER FROM USCA5)(dtg) |
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Filing 24
ORDER GRANTING IN PART AND DENYING IN PART #21 Motion for Extension of Time to Amend ; DENYING #22 Motion ; DENYING #23 Motion Signed by Judge Elizabeth S. Chestney. (mgr)
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| Filing 23 MOTION for leave to Proceed as a Veteran with Affadavit by David H. McCallister.. Motions referred to Judge Elizabeth S. Chestney. (mgr) |
| Filing 22 PRO SE MOTION for Prodcutions of Documents by David H. McCallister.. Motions referred to Judge Elizabeth S. Chestney. (mgr) |
| Filing 21 MOTION for Extension of Time to file Amended Complaint by David H. McCallister.. Motions referred to Judge Elizabeth S. Chestney. (mgr) |
| Filing 20 AMENDED COMPLAINT against Correctional Institution Division Director, Director's Medical and Dental Department, Bill Doe, John Doe, William Stephens, Texas Department of Criminal Justice, University of Texas Medical Branch Institution Division amending #1 Complaint., filed by David H. McCallister.(mgr) |
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Filing 19
ORDER TO SHOW CAUSE as to David H. McCallister. IT IS ORDERED that within twenty-one days of the date of this Order, Plaintiff must show cause why his Complaint should not be dismissed for failure to state a non-frivolous claim, by filing an amended complaint (of no more than twenty (20) pages) that cures these deficiencies. The Clerk of Court is directed to provide Plaintiff with another copy of the Section 1983 form. Signed by Judge Elizabeth S. Chestney. (1983 form mailed to plaintiff along with this order)(rg)
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| Filing 18 Certified copy of USCA JUDGMENT/MANDATE Remanding #11 Notice of Appeal, filed by David H. McCallister. (Attachments: #1 Transmittal Letter from USCA)(fs) |
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Filing 17
ORDER DENYING #16 Motion for Court Docket Sheet and Complaints. Signed by Chief Judge Orlando L. Garcia. (rg)
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| Filing 16 MOTION for copies of the docket sheet, complaint and the amended complaint by David H. McCallister. (rg) |
| Filing 15 USCA Appeal Fees received $505.00 receipt number 500039140 re #11 Notice of Appeal, filed by David H. McCallister (rg) |
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Filing 14
ORDER of USCA (certified copy) regarding - ***ACCORDINGLY, HIS MOTION FOR LEAVE TO PROCEED IFP IS DENIED. MCCALLISTER IS ORDERED TO PAY THE CLERK OF THE DISTRICT COURT THE FULL APPELLATE FILING FEE OF $505 WITHIN 30 DAYS OF THE DATE OF THIS ORDER. THE CLERK OF THIS COURT SHALL DISMISS THE APPEAL FOR WANT OF PROSECUTION IF MCCALLISTER DOES NOT COMPLY WITH THIS ORDER. MCCALLISTER'S MOTION FOR APPOINTMENT OF COUNSEL IS DENIED. SEE Ulmer v. Chancellor, 691 F.2d 209, 212 (5th Cir. 1982).*** (Attachments: #1 Transmittal Letter from USCA5)(dtg)
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Filing 13
ORDER DENYING #12 Motion to proceed In Forma Pauperis on Appeal. Signed by Chief Judge Orlando L. Garcia. (rg)
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| Copy of Order #13 was sent to the Fifth Circuit Contacts via email transmittal. (rg) |
| Filing 12 MOTION to proceed In Forma Pauperis on appeal by David H. McCallister. (rg) |
| Filing 11 NOTICE OF APPEAL by David H. McCallister. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out #Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (rg) |
| Copy of Order #8 and Judgment #9 were sent to Lori Stover "Keeper of the Three Strikes List" Lori Stover/TXED/05/USCOURTS@USCOURTS via email transmittal. (rg) |
| Filing 10 Prisoner Trust Fund Account Statement as to David H. McCallister. (rg) |
| Filing 9 JUDGMENT - 1983 Civil Rights Complaint is DISMISSED WITH PREJUDICE for failure to state a non-frivolous claim and because he seeks monetary relief against an immune defendant, and is DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Orlando L. Garcia. (rg) |
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Filing 8
DISMISSAL ORDER re #1 1983 Complaint filed by David H. McCallister is DISMISSED WITH PREJUDICE for failure to state a non frivolousclaim and because he seeks monetary relief against an immune defendant, and is DISMISSED WITHOUT PREJUDICE for failure to prosecute andcomply with this Court's Order., CASE NO LONGER REFERRED to Magistrate Judge Pamela A. Mathy. Signed by Chief Judge Orlando L. Garcia. (rg)
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| Filing 7 ADVISORY TO THE COURT by David H. McCallister. (rg) |
| Filing 6 MOTION for Leave to File Amended Complaint by David H. McCallister. (Attachments: #1 Amended Complaint, #2 Exhibit) Motions referred to Judge Pamela A. Mathy. (rg) |
| Filing 5 Memorandum in Support of #4 MOTION to Appoint Counsel by David H. McCallister. (rg) |
| Filing 4 MOTION to Appoint Counsel by David H. McCallister, William Stephens. Motions referred to Judge Pamela A. Mathy. (rg) |
| Filing 3 MOTION to Proceed in forma pauperis by David H. McCallister. Motions referred to Judge Pamela A. Mathy. (rg) |
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Filing 2
ORDER TO SHOW CAUSE as to David H. McCallister.. Signed by Judge Pamela A. Mathy. (rf)
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| Filing 1 COMPLAINT, filed by David H. McCallister. (Attachments: #1 Cover Letter, #2 Copy of envelope, #3 Civil Cover Sheet)(mgr) |
| CASE REFERRED to Magistrate Judge Pamela A. Mathy. (mgr) |
| THIS CASE HAS BEEN RANDOMLY ASSIGNED TO CHIEF JUDGE ORLANDO L. GARCIA. (mgr) |
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