Salazar v. Barber
| Fidel Salazar |
| Mark Barber |
| 4:2020cv00269 |
| January 23, 2020 |
| US District Court for the Southern District of Texas |
| Keith P Ellison |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on March 19, 2020. A more recent docket listing may be available from PACER.
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Filing 35
ORDER. Plaintiff is ORDERED to file, within thirty days from date of this order, an application to proceed in forma pauperis with a certified copy of his current inmate trust account statement. (Signed by Judge Keith P Ellison) Parties notified.(olindor, 4)
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Filing 34
ORDER. Plaintiff is ORDERED to file an amended complaint in this pro se state inmate civil lawsuit within thirty days from date of this order. (Signed by Judge Keith P Ellison) Parties notified.(olindor, 4)
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| Filing 33 NOTICE of Change of Address by Fidel Salazar, filed. (pltf address updated)(jdav, 4) |
| Filing 32 Letter from Fidel Salazar re: transfer, filed. (JessicaVillarreal, 3) |
| Filing 31 CONSENT to Proceed Before a Magistrate Judge by Fidel Salazar, filed.(JessicaVillarreal, 3) |
| Filing 30 NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (mmapps, 4) |
| Filing 29 Case transferred in from Texas Northern. Case Number 5:20-cv-00015; certified copy of transfer order, certified docket sheet, and transfer letter received |
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Filing 28
Order to Sever. The parties are notified that all future docketing related to the severed matter should be entered in this new case: 5:20-cv-15. Order Transferring to Another District: Case transferred to the Houston Division of Southern District of Texas. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 1/21/2020) (bdg)
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Filing 27
Order to Sever. Clerk to open new cases for severed matters. It is ORDERED that All claims against Defendant Mark Barber alleged to have occurred at the Estelle Unit in Huntsville, Texas, shall be severed from the instant Complaint and transferred to the United States District Court for the Southern District of Texas, Houston Division, in accordance with 28 U.S.C. 1406(a). All claims against Defendant Tally alleged to have occurred at the Lynaugh Unit in Fort Stockton, Texas, shall be severed from the instant Complaint and transferred to the United States District Court for the Western District of Texas, Pecos Division, in accordance with 28 U.S.C. 1406(a). (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 1/21/2020) (bdg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:28. Tue Jan 21 11:15:15 CST 2020 (crt) |
| Filing 26 QUESTIONNAIRE AND DECLARATION filed by Fidel Salazar re: #19 Judge's Questionnaire. (zzm) |
| Filing 25 OBJECTIONS TO MAGISTRATE'S DECISION filed by Fidel Salazar re: #24 Order on Motion for Spearing Hearing previous conducted. (zzm) |
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Filing 24
ORDER denying #23 Motion for Spearing Hearing previous conducted. As explained in its 11/25/19, order, the Court must timely conduct preliminary screening under 1915 and 1915A with or without Salazar's questionnaire responses. Salazar is admonished that his failure to timely return the questionnaire may result in the Court conducting screening based on his pleadings alone or a recommendation that his case be dismissed. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 12/19/2019) (bmh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:24. Thu Dec 19 15:30:55 CST 2019 (crt) |
| Filing 23 MOTION for Spears Hearing previously conducted be used to pacify the courts need in this screening process filed by Fidel Salazar. (bmh) |
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Filing 22
ORDER: The Court has considered Salazar's motion and is of the opinion that the motion should be GRANTED in part. Salazar must complete and return his questionnaire no later than 12/20/2019. No further extensions will be granted. Salazar should use the standard "Prisoner's Civil Rights Complaint" form available to him in the prison unit's law library and title the document "Amended Complaint." All other relief not expressly granted herein is DENIED. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 11/25/2019) (bdg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:22. Mon Nov 25 13:55:56 CST 2019 (crt) |
| Filing 21 AMENDED DOCUMENT to #20 Motion for Extension of Time to File Response to #19 Judge's Questionnaire by Fidel Salazar.. (bdg) |
| Filing 20 MOTION for Leave to File Amended #1 Complaint, MOTION for Extension of Time to File Response to #19 Judge's Questionnaire filed by Fidel Salazar. (bdg) |
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Filing 19
ORDER TO COMPLETE QUESTIONNAIRE: Judge's Questionnaire sent to Fidel Salazar. Deadline to respond to the questionnaire is thirty (30) days days. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 11/5/2019) (bdg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:19. Tue Nov 5 11:51:35 CST 2019 (crt) |
| Filing 18 NOTICE to the Court filed by Fidel Salazar. (bdg) |
| Filing 17 Status Request by Fidel Salazar with Deputy Clerk Response (Attachments: #1 Clerk's Letter) (bdg) |
| Filing 16 NOTICE (2nd Notice of Address Change) filed by Fidel Salazar. (bdg) |
| Filing 15 NOTICE of Change of Address for Pro Se litigant Fidel Salazar. New address: Lynaugh Unit 1098 S Hwy 2037, Ft. Stockton, Texas 79735. (bdg) |
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Filing 14
ORDER denying #11 Motion to Amend/Correct. The Court has considered Salazar's motion and the applicable law, and orders that the motion ishereby DENIED as premature. Salazar is advised that should he wish to amend his original Complaint, he must file a motion for leave to file an amended complaint. The motion must be accompanied by a proposed amended complaint on the standard form available to Salazar in the prison law library and be entitled "Proposed Amended Complaint." (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 8/15/2019) (bmh)
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Filing 13
ORDER denying #12 Motion for Hearing. Salazar is admonished that frivolous filings by pro se parties consume inordinate amounts of scarce judicial resources and may delay the Court in hearing and resolving valid complaints. Salazar is cautioned that if he continues to file frivolous documents and/or motions in this case-or any other case pending before this Court-sanctions will be imposed against him. Such sanctions may include monetary sanctions or a complete bar to filing pleadings without leave of the Court. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 8/15/2019) (bmh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:13,14. Thu Aug 15 09:09:17 CDT 2019 (crt) |
| Filing 12 MOTION for Hearing filed by Fidel Salazar. (krr) |
| Filing 11 MOTION to Amend #1 Complaint, filed by Fidel Salazar. (krr) |
| Authenticated Records: re #8 Order received and maintained in JGB Chambers. (bdg) |
| Filing 10 NOTICE filed by Fidel Salazar - Does not give consent to proceed before a U.S. Magistrate Judge. (bdg) |
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Filing 9
Notice of Availability of Magistrate Judge to Exercise Jurisdiction. If appropriate, party(ies) should return the signed consent form to the clerk thirty (30) days. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 7/2/2019) (bdg)
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Filing 8
ORDER: It is ORDERED that TDCJ provide the court with authenticated and verified copies of any and all records pertaining to the specific allegations in Plaintiff's Complaint. The records and executed Certification must be provided to the court on or before August 1, 2019. The Clerk shall mail a copy of this order and Plaintiff's Complaint to the listed addresses. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 7/2/2019) (bdg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8,9. Tue Jul 2 14:35:17 CDT 2019 (crt) |
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Filing 7
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge D. Gordon Bryant, Jr for all further proceedings. Senior Judge Sam R Cummings no longer assigned to case. This case shall hereafter be number Civil Action No. 5:19-CV-00124-BQ. (Ordered by Senior Judge Sam R Cummings on 7/1/2019) (bdg)
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Filing 6
ORDER: Plaintiff filed a letter with his complaint, which the Court liberally construes as a motion for leave to file. He states that with "the court's permission I'd like to file another [motion for preliminary injunction] along w[ith] a request for a evidentairy hearing [all sic]." Plaintiff did not attach the motion(s) he seeks leave to file and has not provided the Court with enough information to properly consider his requests. As a result, the motion is DENIED at this time. (Ordered by Senior Judge Sam R Cummings on 7/1/2019) (bdg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6,7. Mon Jul 1 13:41:59 CDT 2019 (crt) |
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Filing 5
PLRA FILING FEE ORDER: Fidel Salazar 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 Senior Judge Sam R Cummings on 6/28/2019) (bdg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Fri Jun 28 13:14:22 CDT 2019 (crt) |
| Filing 4 Notice and Instruction to Pro Se Party (bdg) |
| Filing 3 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. (bdg) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Fidel Salazar (bdg) |
| Filing 1 COMPLAINT against All Defendants filed by Fidel Salazar. 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:1,3,4. Tue Jun 25 14:12:32 CDT 2019 (crt) |
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| Plaintiff: Fidel Salazar | |
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| Defendant: Mark Barber | |
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