Bautista-Gonzalez v. United States
| Omar Martin Bautista-Gonzalez |
| United States |
| 5:2018cv00154 |
| October 17, 2018 |
| US District Court for the Southern District of Texas |
| Diana Saldana |
| Sam S Sheldon |
| Personal Property: Other |
| 18 U.S.C. ยง 3114 |
| None |
Docket Report
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This docket was last retrieved on December 12, 2018. A more recent docket listing may be available from PACER.
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Filing 17
REPORT AND RECOMMENDATIONS The Magistrate Judge respectfully recommends that Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs be DENIED and that this case be DISMISSED unless Plaintiff pays the filing $400.00 filing fee within twenty (20) days of the date of entry of an order adopting this Report and Recommendation Objections to R&R due by 12/26/2018.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(gsalinas, 5)
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| Filing 16 APPLICATION to Proceed In Forma Pauperis filed by Omar Martin Bautista-Gonzalez.(bmendoza, 5) (Additional attachment(s) added on 12/10/2018: #1 Financial data) (bmendoza, 5). |
| Filing 15 LETTER MOTION for Return of Property Motions referred to Sam S Sheldon. by Omar Martin Bautista-Gonzalez, filed. Motion Docket Date 12/31/2018. (Attachments: #1 Letter in spanish)(bmendoza, 5) Modified on 12/10/2018 (bmendoza, 5). |
| Filing 14 Certified Mail Receipt Returned, executed on 11/13/18 re: 13 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (dmorales, 5) |
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Filing 12
ORDER granting #9 Motion for Extension of Time.The Court hereby orders the Reply to the Government's Response be filed by November 29, 2018 (Signed by Magistrate Judge Sam S Sheldon) Parties notified.(ehernandez, 5)
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Filing 11
ORDER. Plaintiff shall have until December 7, 2018 to either (1) pay the $400.00 civil action filing fee or (2) submit a complete application to proceed in forma pauperis. Failure to do so may result in the dismissal of Plaintiff's case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is DIRECTED to send a copy of this Order and the "Application to Proceed Without Prepayment of Fees and Affidavit form to Plaintiff via certified mail, return receipt requested.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(ehernandez, 5)
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| Filing 10 CONSENT to Proceed Before a Magistrate Judge by Omar Martin Bautista-Gonzalez, filed.(sgonzalez, 5) |
| Filing 9 MOTION for Extension of Time to Respond to GovernmentMotions referred to Sam S Sheldon. by Omar Martin Bautista-Gonzalez, filed. Motion Docket Date 11/19/2018. (Attachments: #1 Envelope)(sgonzalez, 5) |
| Filing 8 Certified Mail Receipt Returned, executed on unknown re: 6 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (ehernandez, 5) |
| Filing 7 NOTICE of Appearance by Mary Ellen Smyth on behalf of United States, filed. (Smyth, Mary) |
| Filing 5 NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (mxperez, 5) |
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Filing 4
ORDER.Accordingly, the Clerk of Court is hereby DIRECTED to terminate the motion in Criminal Case 5:17-CR-81 (Dkt. 38) in this case, open a new civil case, file the motion as a civil complaint in that case, file a copy of this Order in that case, and realign the parties with Defendant Bautista-Gonzalez as the new plaintiff and the United States as the new defendant. The matter is hereby REFERRED to Magistrate Judge Sam S. Sheldon for plenary pre-trial handling, ruling on non-dispositive motions, and findings of fact and recommendations of law on dispositive motions.The Clerk of Court is DIRECTED to send Defendant a copy of this Order via certified mail, return receipt requested.(Signed by Judge Diana Saldana) Parties notified.(mxperez, 5)
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| Filing 3 RESPONSE to #1 MOTION for Return of Property of Currency / Vehicle, filed by United States. (mxperez, 5) |
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Filing 2
ORDER.Petitioner has filed a Motion for Return of Property. The Government is hereby ORDERED to submit a response to the motion on or before September 21, 2018.(Signed by Judge Diana Saldana) Parties notified.(mxperez, 5)
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| Filing 1 MOTION for Return of Property of Currency / VehicleMotions referred to Sam S Sheldon. by Omar Martin Bautista-Gonzalez, filed. Motion Docket Date 10/1/2018. (mxperez, 5) |
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| Defendant: United States | |
| Represented By: | Jose Angel Moreno |
| Represented By: | Mary Ellen Smyth |
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| Plaintiff: Omar Martin Bautista-Gonzalez | |
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