Marbley v. City Of Houston et al
Joshua Marbley |
City Of Houston, Metropolitan Transit Authority of Harris County and First Transit, Inc. |
4:2022cv01367 |
April 27, 2022 |
US District Court for the Southern District of Texas |
Charles Eskridge |
Labor: Other |
29 U.S.C. § 201 Fair Labor Standards Act |
Plaintiff |
Docket Report
This docket was last retrieved on December 20, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 42 Order of USCA - PER CURIAM - Judgment issued as mandate 12-20-22 re: #36 Notice of Appeal; USCA No. 22-20451. The appeal is DISMISSED for want of jurisdiction, filed.(rnieto, 1) |
Filing 41 Order of USCA re: #36 Notice of Appeal ; USCA No. 22-20451. Accordingly, the appeal is DISMISSED for want of jurisdiction, filed.(EdnitaPonce, 1) |
Filing 40 CJA 24 Authorization and Voucher for payment of Transcript by Joshua Marbley, filed.(jdav, 4) |
Filing 39 DKT13 TRANSCRIPT ORDER REQUEST by Joshua Marbley. No hearings This order form relates to the following: #36 Notice of Appeal, filed. (jdav, 4) |
Filing 38 Notice of Non-Compliance. Appellant has failed to: Pay the notice of appeal filing fee. Submit the DKT13 transcript order form. Parties notified, filed. (DorinaReyna, 1) |
Filing 37 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #36 Notice of Appeal. Fee status: Not Paid, filed. (Attachments: #1 NOA, #2 Dkt 13) (rnieto, 1) |
Appeal Review Notes re: #36 Notice of Appeal. Fee status: Paid. The appeal filing fee has not been paid, and appellant is a pro se litigant.No hearings were held in the case - no transcripts. Number of DKT-13 Forms expected: 1, filed.(rnieto, 1) |
Filing 36 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #35 Order by Joshua Marbley, filed.(rnieto, 1) (Additional attachment(s) added on 8/30/2022: #1 Redacted Attachment, #2 Unredacted attachment) (rnieto, 1). |
Filing 35 ORDER re: By Order of July 19, 2022, Plaintiff was instructed to cease filing motions before this Court and to instead pursue any appeal options or to simply proceed with his matter in state court. See Dkt 27. He reacted to this by filing the following seven docket entries, along with seven other attachments. To the extent such filings by Plaintiff can be construed as requests for relief, they are DENIED AS MOOT. Dkts 28, 29, 30, 31, 32, 33 & 34. The Clerk is ORDERED not to accept any additional filings from Plaintiff Joshua Marbley in this matter.(Signed by Judge Charles Eskridge) Parties notified.(JosephWells, 4) |
Filing 34 Letter from Joshua Marbley re: Emails, filed. (Attachments: #1 Continuation 1, #2 Continuation 2, #3 Continuation 3, #4 Continuation 4, #5 Continuation 5, #6 Continuation 6) (gclair, 4) |
Filing 33 PROPOSED ORDER on Motion to Compel, filed.(gclair, 4) |
Filing 32 PROPOSED ORDER on Motion for Judge to Recuse, filed.(gclair, 4) |
Filing 31 PROPOSED ORDER on Motion to Demand a Jury Trial, filed.(gclair, 4) |
Filing 30 Copy of Email from Joshua Marbley re: Email with Littler, filed. (gclair, 4) |
Filing 29 Letter from Joshua Marbley re: Notice to counsel of filing documents with the court, filed. (gclair, 4) |
Filing 28 Rebuttal AFFIDAVITS of Joshua Marbley, filed. (Attachments: #1 Continuation)(gclair, 4) |
Filing 27 ORDER re: Plaintiff should cease filing motions before this Court. As advised by previous order, he should instead seek appeal to the Fifth Circuit, if desired and still available, or on remand in the state court. See Dkt 25.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) |
Filing 26 MOTION for Default Judgment against City Of Houston, First Transit, Inc., Metropolitan Transit Authority of Harris County by Joshua Marbley, filed. Motion Docket Date 8/1/2022. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Affidavit)(JacquelineMata, 4) |
Filing 25 ORDER re: Plaintiff Joshua Marbley proceeds here pro se. His action has been remanded to state court by order of May 24, 2022. Dkt 6. Plaintiff has now sent emails dated June 27th and June 28th to the Case Manager. Those emails will be disregarded. Plaintiff is ORDERED to cease all informal communications with the Court, whether by email, telephone, or any other means. Plaintiff may still file any proper motion on the docket. But any such future motions will likely be summarily denied given the procedural posture of this case. Plaintiffs recourse at this point is instead on appeal to the Fifth Circuit, if available, or on remand in the state court. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) |
Filing 24 ORDER denying #19 MOTION to Set Aside Default Judgment. Plaintiff Joshua Marbley proceeds here pro se and again seeks to set aside a recent order of remand, this time by requesting a hearing in that regard. Dkt 17; see also Dkts 12 & 16.The motion is construed as a motion for reconsideration and is on that basis DENIED. Dkt 17. The motion by Marbley to set aside default judgment is DENIED AS MOOT. Dkt 19. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) |
Filing 23 AFFIDAVIT of Joshua Marbley re: #22 MOTION to Withdraw #20 MOTION for Default Judgment against All Defendants, filed.(JacquelineMata, 4) |
Filing 22 MOTION to Withdraw #20 MOTION for Default Judgment against All Defendants by Joshua Marbley, filed. Motion Docket Date 7/12/2022. (Attachments: #1 Proposed Order)(JacquelineMata, 4) |
Filing 21 AFFIDAVIT of Joshua Marbley re: #20 MOTION for Default Judgment against All Defendants, filed.(JacquelineMata, 4) |
Filing 20 MOTION for Default Judgment against All Defendants by Joshua Marbley, filed. Motion Docket Date 7/12/2022. (Attachments: #1 Proposed Order)(JacquelineMata, 4) |
Filing 19 MOTION to Set Aside Default Judgment by Joshua Marbley, filed. Motion Docket Date 7/12/2022. (Attachments: #1 Proposed Order)(jdav, 4) |
Filing 18 re: Copy of my affidavit of violation, affidavit of natural status, motion to request hearing amended plaintiffs original petition by Joshua Marbley, filed.(ckrus, 4) |
Filing 17 PROPOSED ORDER regarding plaintiff's motion to request an hearing to set aside USDJ Charles Eskridge judgement order, filed.(ckrus, 4) |
Filing 16 AFFIDAVIT of Violation of Joshua Marbley, filed.(ckrus, 4) |
Filing 15 AMENDED COMPLAINT against All Defendants filed by Joshua Marbley. Related document: #1 Notice of Removal, filed by Joshua Marbley.(ckrus, 4) |
Filing 14 RETURN of Service Executed as to C.T. Corporation System on 5/23/2022 re: Summons, filed.(SpencerSavarese, 4) |
Filing 13 AFFIDAVIT of Joshua Marbley, filed.(JosephWells, 4) |
Filing 12 ORDER re: Plaintiff Joshua Marbley proceeds here pro se and seeks to set aside a recent order of remand. See Dkt 6. The motion is DENIED. Dkt 11. The only stated reason in the motion is assertion that the ruling came from a Magistrate Judge. To the contrary, the undersigned is a United States District Judge..(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) |
Filing 11 MOTION for Hearing to set aside Judge by Joshua Marbley, filed. Motion Docket Date 6/21/2022. (Attachments: #1 Proposed Order)(JacquelineMata, 4) |
Filing 10 AFFIDAVIT of Facts of Joshua Marbley, filed.(JacquelineMata, 4) |
Filing 9 RETURN of Service of SUMMONS Executed as to Metropolitan Transit Authority of Harris County served on 5/11/2022, filed.(jguajardo, 4) |
Filing 8 RETURN of Service of SUMMONS Executed as to First Transit, Inc. served on 5/11/2022, filed.(jguajardo, 4) |
Filing 7 RETURN of Service of SUMMONS Executed as to City Of Houston served on 5/11/2022,, filed.(jguajardo, 4) |
Filing 6 ORDER OF REMAND granting #5 MOTION to Remand. This action is remanded to the 165th Judicial District Court of Harris County, Texas. Case terminated on 05/24/2022.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) |
Filing 5 MOTION to Remand by City Of Houston, filed. Motion Docket Date 6/6/2022. (Attachments: #1 Proposed Order Order Granting Motion to Remand)(Martin, Carolyn) |
Filing 4 RETURN of Service of SUMMONS Executed as to Metropolitan Transit Authority of Harris County served on 5/6/2022, answer due 5/27/2022, filed.(ckrus, 4) |
Filing 3 RETURN of Service of SUMMONS Executed as to City Of Houston served on 5/3/2022, answer due 5/24/2022, filed.(dhansen, 4) |
Summons Issued as to All Defendants. Issued summons delivered to plaintiff in person, filed.(ckrus, 4) |
Filing 2 NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (RachelWillborg, 4) |
Summons Not Issued as to All Defendants. No summons prepared or filed. Plaintiff notified of deficiencies by email, filed. (RachelWillborg, 4) |
Filing 1 NOTICE OF REMOVAL from 165th Judicial District Court, Harris County, TX, case number 2022-09776 ( Filing fee $ 0) filed by Joshua Marbley. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)Motion to Proceed IFP conditionally granted by Judge George C. Hanks, Jr. on April 27, 2022. (RachelWillborg, 4) |
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