Aiello et al v. Collier et al
| Abner Lee Cocke and Daniel Aiello |
| Brian Collier and T.D.C.J. |
| 2:2021cv00067 |
| April 5, 2021 |
| US District Court for the Southern District of Texas |
| Jason B Libby |
| Nelva Gonzales Ramos |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on November 23, 2021. A more recent docket listing may be available from PACER.
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| Filing 23 AO 435 TRANSCRIPT REQUEST by Evan W. Weltge for Transcript of Evidentiary/Spears Hearing on 4/28/2021 before Mag. Judge Jason B. Libby. 14-Day turnaround requested. Court Reporter/Transcriber: Ornelas Reporting Services, filed. (Weltge, Evan) Modified on 6/3/2021 contacted Weltge/ notified/ this has already been transcribed. (NeldaGarcia, 2). |
| Filing 22 Certified Mail Receipt Returned, #16 executed on 5/26/21 - receipt attached, access restricted to court users for privacy reasons -, filed. (ChristinaAvila, 2) |
| Filing 21 Certified Mail Receipt Returned, #16 executed on 5/25/21 - receipt attached, access restricted to court users for privacy reasons -, filed. (ChristinaAvila, 2) |
| Filing 20 Notice of Filing of Official Transcript as to #19 Transcript. Party notified, filed. (ChristinaAvila, 2) |
| Filing 19 TRANSCRIPT re: SPEAR HEARING held on 4/29/2021 before Magistrate Judge Jason B Libby. Court Reporter/Transcriber Ornelas Reporting Svcs.. Ordering Party Judge Libby Release of Transcript Restriction set for 8/23/2021., filed. (lornelas, ) |
Filing 18
ORDER FOR SERVICE OF PROCESS (Signed by Magistrate Judge Jason B Libby) (Attachments: #1 Complaint, #2 Memorandum and Recommendation) Parties notified.(JessieHutchinson, 2)
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| Filing 17 Certified White Mail Receipt Returned, executed on 4/13/21. Document(s) Sent - receipt attached, access restricted to court users for privacy reasons - re DE [8}, filed. (legarza, 2) |
| Filing 16 MEMORANDUM AND RECOMMENDATIONS re #1 Complaint, #4 MOTION Exparte motion for Class Action Certification. The undersigned further respectfully recommends that Plaintiffs Motion for Class Action Certification (D.E. 4) be DENIED, that only Plaintiff Aiello proceed in this action, that Plaintiff Cocke be DISMISSED without prejudice to his right to file a new 1983 complaint, and that Plaintiffs claims against the TDCJ be DISMISSED as barredby the Eleventh Amendment. Objections to M&R due by 6/1/2021(Signed by Magistrate Judge Jason B Libby) Parties notified. COPY OF THE ORDER AND WHITE CARD WAS MAILED TO PLAINTIFFS. (legarza, 2) |
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Filing 15
ORDER denying #5 Motion to Appoint.(Signed by Magistrate Judge Jason B Libby) Parties notified.(fcarbia, 2)
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| Filing 14 MOTION for Temporary Injunctive ReliefMotions referred to Jason B Libby. by Daniel Aiello, filed. Motion Docket Date 5/27/2021. (Attachments: #1 Envelope)(NicoleTirado, 2) (Main Document 14 replaced on 5/7/2021) (NicoleTirado, 2). |
| Filing 13 Notice of Filing of Official Transcript as to #12 Transcript,. Party notified, filed. (vrios, 2) |
| Filing 12 TRANSCRIPT re: Spear held on 4/28/2021 before Magistrate Judge Jason B Libby. Court Reporter/Transcriber Nelda T Garcia. Ordering Party Mag Judge Libby. filed. (NeldaGarcia, 2) NTG Electronically forwarded to Ornelas 4/29/2021. Estimated Transcript Completion Date: 5/28/2021. (Entered 4/29/2021) |
| Minute Entry for proceedings held before Magistrate Judge Jason B Libby. TELEPHONIC EVIDENTIARY / SPEARS HEARING held on 4/28/2021. Plaintiff sworn. Testimony presented regarding lawsuit filed. Appearances:Daniel Aiello.(Digital # 2:03:24-2:29:29)(ERO:nelda garcia), filed.(KendraPearson, 2) |
| Filing 11 White Mail Receipt Returned, executed on 4/13/21 re: #8 Order Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (legarza, 2) |
| Filing 10 NOTICE of NON-CONSENT to proceed before a Magistrate Judge by Daniel Aiello, filed. (vrios, 2) |
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Filing 9
ORDER SETTING EVIDENTIARY HEARING; Evidentiary Hearing set for 4/28/2021 at 02:00 PM by telephone before Magistrate Judge Jason B Libby(Signed by Magistrate Judge Jason B Libby) Parties notified.(srussell, 2)
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Filing 8
ORDER for Initial Partial Filing Fee and Collection Order as to Daniel Aiello; granting #2 MOTION/APPLICATION to Proceed In Forma Pauperis (Signed by Magistrate Judge Jason B Libby) Parties notified.(vrios, 2)
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| Filing 7 NOTICE of Exclusion, filed. (amartinez, 2) |
| Filing 6 NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (amartinez, 2) |
| Filing 5 MOTION for Appointment of Counsel and Brief in Support; Motions referred to Jason B Libby. by Daniel Aiello, Abner Lee Cocke, filed. Motion Docket Date 4/26/2021. (Attachments: #1 Proposed Order, #2 Envelope)(amartinez, 2) |
| Filing 4 Ex Parte Motion for Class Action CertificationMotions referred to Jason B Libby. by Daniel Aiello, Abner Lee Cocke, filed. Motion Docket Date 4/26/2021. (Attachments: #1 Proposed Order, #2 Envelope)(amartinez, 2) |
| Filing 3 Prisoner Trust Fund Account Statement by Daniel Aiello, filed. (Attachments: #1 Envelope) (amartinez, 2) |
| Filing 2 MOTION/APPLICATION to Proceed In Forma PauperisMotions referred to Jason B Libby. by Daniel Aiello, filed. Motion Docket Date 4/26/2021. (Attachments: #1 Envelope)(amartinez, 2) |
| Filing 1 Prisoner Civil Rights COMPLAINT against All Defendants (Filing fee $ 402) filed by Daniel Aiello, Abner Lee Cocke. (Attachments: #1 attachment 1, #2 attachment 2, #3 Envelope)(amartinez, 2) |
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