Livingston v. State Of Texas et al
| Jarvis Livingston |
| Amanda Orack, Karl Van Slooten, State Of Texas, City of Yoakum, Anita R Rodriguez, John Doe Assistant District Attorney, Glenn Klander, Carl O'Neill, John Doe Lopez, Jane Doe Mendoza, Billy Goodrich, Sean Mooney and Frank Rhodehamel |
| 6:2021cv00007 |
| February 2, 2021 |
| US District Court for the Southern District of Texas |
| Jason B Libby |
| Drew B Tipton |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on December 27, 2022. A more recent docket listing may be available from PACER.
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Filing 77
Notice of Filing of Official Transcript as to #74 Transcript, #76 Transcript - Appeal, #75 Transcript - Appeal,. Party notified, filed. (BrittanyBoniface, 6)
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Filing 76
APPEAL TRANSCRIPT re Status Conference (Via Zoom) held on March 3, 2022 before Magistrate Judge Jason B Libby. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party: Jarvis Livingston. This transcript relates to the following: #63 Notice of Appeal, #67 Appeal Transcript Request,,. Release of Transcript Restriction set for 3/23/2023., filed. (mahenry, )
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Filing 75
APPEAL TRANSCRIPT re Initial Pretrial Conference (Via Zoom) held on August 3, 2021 before Magistrate Judge Jason B Libby. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party: Jarvis Livingston. This transcript relates to the following: #68 Appeal Transcript Request,, #63 Notice of Appeal. Release of Transcript Restriction set for 3/23/2023., filed. (mahenry, )
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Filing 74
TRANSCRIPT re: Spears Hearing (Via Zoom) held on March 11, 2021 before Magistrate Judge Jason B Libby. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Jarvis Livingston Release of Transcript Restriction set for 3/23/2023., filed. (mahenry, )
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Filing 73
ORDER terminating #72 Motion for Extension of Time; Motion-related deadline set re: #72 MOTION for Extension of Time Transcripts..(Signed by Magistrate Judge Jason B Libby) Parties notified.(SashaOzuna, 2)
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Filing 72
MOTION for Extension of Time re: Transcripts by Jarvis Livingston. Motions referred to Jason B Libby, filed. Motion Docket Date 1/9/2023. (BrittanyBoniface, 6)
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Filing 71
ORDER denying #70 Motion for Transcripts.(Signed by Magistrate Judge Jason B Libby) Parties notified.(KelliePapaioannou, 2)
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Filing 70
MOTION for Government to Pay Transcript Expenses by Jarvis Livingston.Motions referred to Jason B Libby, filed. Motion Docket Date 12/21/2022. (BrittanyBoniface, 6)
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Filing 69
DKT13 TRANSCRIPT ORDER REQUEST by Jarvis Livingston. Transcript is already on file in Clerks office regarding Evidentiary Hearing on 03/11/2021 before Judge Libby. (No transcript is needed). Court Reporter/Transcriber: Judicial Transcribers of Texas. This order form relates to the following: Evidentiary Hearing, filed.(ClaudiaGutierrez, 4)
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Filing 68
DKT13 TRANSCRIPT ORDER REQUEST by Jarvis Livingston. Transcript is already on file in Clerks office regarding 08/03/2021 Initial Pretrial Conference before Judge Libby. (Clerk notes that a transcript is requested). Court Reporter/Transcriber: Judicial Transcribers of Texas. This order form relates to the following: Status Conference, filed. (ClaudiaGutierrez, 4) Modified on 11/30/2022. Electronically forwarded to JTT on 11/30/22. Court Reporter Acknowledgment filed with 5th Circuit. (BrittanyBoniface, 6).
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Filing 67
DKT13 TRANSCRIPT ORDER REQUEST by Jarvis Livingston. Transcript is already on file in Clerks office regarding Status Conference on 03/03/2022 before Judge Libby. (Clerk notes that a transcript is requested). Court Reporter/Transcriber:Judicial Transcribers of Texas. This order form relates to the following: Status Conference, filed. (ClaudiaGutierrez, 4) Modified on 11/15/2022 (BrittanyBoniface, 6). Modified on 11/30/2022. Electronically forwarded to JTT on 11/30/22. Court Reporter Acknowledgment filed with 5th Circuit. (BrittanyBoniface, 6).
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Filing 66
Notice of Non-Compliance. Appellant has failed to: Pay the notice of appeal filing fee and Submit the DKT13 transcript order form. Parties notified, filed. (BrittanyBoniface, 6)
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Filing 65
AO 435 TRANSCRIPT REQUEST by Jarvis Livingston for Transcript of 3/11/21 and 8/3/21. Ordinary (30 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (hlerma, 4) Electronically forwarded to JTT on 11/15/2022. Estimated completion date 12/15/2022. Modified on 11/15/2022 (SashaOzuna, 2).
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Notice of Assignment of USCA No. 22-40719 re: #63 Notice of Appeal, filed.(BrittanyBoniface, 6)
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Filing 64
Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #63 Notice of Appeal. Fee status: IFP. Reporter(s): ERO, filed. (Attachments: #1 Notice of Appeal, #2 DKT13) (BrittanyBoniface, 6)
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Appeal Review Notes re: #63 Notice of Appeal. Fee status: IFP. The appeal filing fee has been paid or an ifp motion has been granted.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(BrittanyBoniface, 6)
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Filing 63
NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #60 Final Judgment by Jarvis Livingston, filed.(BrittanyBoniface, 6)
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Filing 62
Mail Returned Undeliverable as to Jarvis Livingston re: #59 Order on Motion for Summary Judgment, Order on Motion to Strike, filed. An updated address could not be found. (AkeitaMichael, 4)
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Filing 61
Mail Returned Undeliverable as to Jarvis Livingston re: #60 Final Judgment. An updated address could not be found, filed. (BrittanyBoniface, 6)
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Filing 60
FINAL JUDGMENT in favor of Defendants. Case terminated on 9/29/2022.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2)
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Filing 59
MEMORANDUM OPINION AND ORDER Granting #48 Motion for Summary Judgment; Denying as moot #58 Motion to Strike.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2)
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Filing 58
MOTION to Strike Plaintiff's Sur-Reply Motions referred to Jason B Libby. by John Doe Lopez, Jane Doe Mendoza, Frank Rhodehamel, filed. Motion Docket Date 4/14/2022. (Attachments: #1 Proposed Order)(Cullen, Casey)
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Filing 57
RESPONSE to #56 Reply to Response to Motion, filed by Jarvis Livingston. (BrittanyBoniface, 6)
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Filing 56
REPLY to Response to #48 MOTION for Summary Judgment , filed by John Doe Lopez, Jane Doe Mendoza, Frank Rhodehamel. (Cullen, Casey)
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Filing 55
AFFIDAVIT of Fact, filed.(BrittanyBoniface, 6)
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Filing 54
Opposition to #48 MOTION for Summary Judgment , filed by Jarvis Livingston. (BrittanyBoniface, 6)
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Filing 53
ANSWER to #1 Complaint, with Jury Demand by Frank Rhodehamel, filed.(Cullen, Casey)
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Minute Entry for proceedings held before Magistrate Judge Jason B Libby. STATUS CONFERENCE held on 3/3/2022 by video conference. Discussion held regarding status of the case. Appearances:Jarvis Livingston. Casey Terrence Cullen.(Digital # 1:55-2:10)(ERO:linda rivera), filed.(KendraPearson, 2)
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***Delivery Confirmation for delivery date(s) 2/25/2022 re: 51 Document(s) Sent, filed. (BrittanyBoniface, 6)
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Filing 52
NOTICE of Resetting. Parties notified. Status Conference by video conference set for 3/3/2022 at 02:00 PM before Magistrate Judge Jason B Libby, filed. *Zoom link will be sent in a separate email prior to the hearing.* (KendraPearson, 2)
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Filing 50
Additional EXHIBITS re: #48 MOTION for Summary Judgment by John Doe Lopez, Jane Doe Mendoza, Frank Rhodehamel. Flash Drive containing exhibits 2A and 3 stored on file shelf in Clerk's office, filed.(BrittanyBoniface, 6)
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Filing 49
SUPPLEMENT to #48 MOTION for Summary Judgment by John Doe Lopez, Jane Doe Mendoza, Frank Rhodehamel, filed.(Cullen, Casey)
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Filing 48
MOTION for Summary Judgment Motions referred to Jason B Libby. by John Doe Lopez, Jane Doe Mendoza, Frank Rhodehamel, filed. Motion Docket Date 3/10/2022. (Attachments: #1 Affidavit, #2 Affidavit, #3 Exhibit, #4 Affidavit, #5 Exhibit, #6 Affidavit, #7 Affidavit)(Cullen, Casey)
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Filing 47
RESPONSE in Opposition to #40 MOTION to Compel Discovery, filed by John Doe Lopez, Jane Doe Mendoza, Frank Rhodehamel. (Attachments: #1 Proposed Order)(Cullen, Casey)
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Filing 46
ORDER denying #43 Motion; denying #44 Motion for Reconsideration.(Signed by Magistrate Judge Jason B Libby) Parties notified.(fcarbia, 2)
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Filing 45
Letter Discovery REQUEST requiring documents to prove Casey T Cullen has standing to operate in this court per the Freedom of Information Act by Jarvis Livingston, filed. (CarrieDickie, 6) Modified on 2/2/2022 to edit entry per chambers request (CarrieDickie, 6).
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Filing 44
MOTION to Reconsider Removing Defendants City of Yoakum, Yoakum Police Department, et al by Jarvis Livingston, filed. Motions referred to Jason B Libby. Motion Docket Date 2/22/2022. (CarrieDickie, 6)
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Filing 43
MOTION for Speedy Trial by Jarvis Livingston, filed. Motions referred to Jason B Libby. Motion Docket Date 2/22/2022. (CarrieDickie, 6)
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Filing 42
ORDER granting #41 Motion for Extension of Time. Dispositive Motion Filing due by 2/17/2022.(Signed by Magistrate Judge Jason B Libby) Parties notified.(BrittanyPainschab, 2)
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Filing 41
Opposed MOTION for Extension of Time Dispositive MotionsMotions referred to Jason B Libby. by John Doe Lopez, Jane Doe Mendoza, Frank Rhodehamel, filed. Motion Docket Date 2/22/2022. (Attachments: #1 Proposed Order)(Cullen, Casey)
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Filing 40
Letter Re: Discovery (Attachments: #1 Cover Page, #2 Envelope, #3 Exhibit A) (MaraGonzales, 2).
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Filing 39
DESIGNATION OF EXPERT WITNESS LIST by John Doe Lopez, Jane Doe Mendoza, Frank Rhodehamel, filed.(Cullen, Casey)
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Filing 38
Certified Mail Receipt Returned, executed on 11/2/2021 re: 34 Document(s) Sent, - receipt attached, access restricted to court users for privacy reasons -, filed. (ChristinaAvila, 2)
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Filing 37
NOTICE of Appearance by Casey T. Cullen on behalf of John Doe Lopez, Jane Doe Mendoza, Frank Rhodehamel, filed. (Cullen, Casey)
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Filing 36
ORDER granting #35 Opposed MOTION for Extension of Time Time to Designate Expert ( Deft Expert Report due by 11/30/2021., Deft Expert Witness List due by 11/30/2021.)(Signed by Magistrate Judge Jason B Libby) Parties notified.(legarza, 2)
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***Delivery Confirmation for delivery date(s) 11/2/2021 re: 34 Document(s) Sent,, filed. (BrittanyBoniface, 6)
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Filing 35
Opposed MOTION for Extension of Time Time to Designate ExpertMotions referred to Jason B Libby. by John Doe Lopez, Jane Doe Mendoza, filed. Motion Docket Date 11/22/2021. (Attachments: #1 Proposed Order)(Cullen, Casey)
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Filing 33
SUPPLEMENTAL ORDER FOR SERVICE OF PROCESS a copy of the Plaintiffs original complaint (D.E. #1 ), Plaintiffs More Definite Statement (D.E. #7 ), the undersigneds Memorandum and Recommendation (D.E. #10 ), the order substituting Defendant Officer Frank Rhodehamel for Defendant Officer John Doe (D.E. #32 ) and this Order.(Signed by Magistrate Judge Jason B Libby) Parties notified.(RochelleLimon, 2).
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Filing 32
ORDER granting #31 Motion.(Signed by Magistrate Judge Jason B Libby) Parties notified.(fcarbia, 2)
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Filing 31
MOTION to Issue Subpoena. Motions referred to Jason B Libby. by Jarvis Livingston, filed. Motion Docket Date 11/15/2021. (Attachments: #1 Envelope)(RochelleLimon, 2)
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Filing 30
ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: #10 Memorandum and Recommendations (Signed by Judge Drew B Tipton) Parties notified.(MaraGonzales, 2)
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Filing 29
ORDER DENYING MOTION TO AMEND COMPLAINT denying #28 Motion to Amend.(Signed by Magistrate Judge Jason B Libby) Parties notified.(fcarbia, 2)
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Filing 28
MOTION to Amend #1 Complaint, Motions referred to Jason B Libby. by Jarvis Livingston, filed. Motion Docket Date 9/22/2021. (BrittanyBoniface, 6)
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Filing 27
ORDER SETTING DEADLINES - Motions to Amend Pleadings or Join Parties must be filed on or before 9/3/2021. Discovery ends 1/3/2022. Dispositive Motion Filings due on or before 2/3/2022. Expert Witness must be designated by 11/3/2021. Status Conference set for 3/3/2022 at 09:00 AM in Courtroom of Honorable Jason B. Libby before Magistrate Judge Jason B Libby. (Signed by Magistrate Judge Jason B Libby) Parties notified.(CarrieDickie, 6)
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Minute Entry for proceedings held before Magistrate Judge Jason B Libby. INITIAL PRETRIAL CONFERENCE held on 8/3/2021 by video conference. Discussion held regarding status of the case etc. Scheduling order to be entered. Appearances:Jarvis Livingston. Casey Terrence Cullen.(Digital # 9:10:01-9:29:05)(ERO:nicole tirado), filed.(KendraPearson, 2)
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Filing 26
ORDER SETTING HEARING - Initial Pretrial Conference set for 8/3/2021 at 09:00 AM by Zoom video conference before Magistrate Judge Jason B Libby. (Signed by Magistrate Judge Jason B Libby) Parties notified.(CarrieDickie, 6)
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Filing 25
ANSWER to #1 Complaint, by John Doe Lopez, Jane Doe Mendoza, filed.(Kilgore, Kolton)
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Filing 24
AFFIDAVIT OF FACTS of Jarvis Livingston, filed. (Attachments: #1 Envelope)(grogan, 2)
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Filing 23
NOTICE of Appearance by Kolton D. Kilgore on behalf of John Doe Lopez, Jane Doe Mendoza, filed. (Kilgore, Kolton)
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Filing 22
NOTICE of Appearance by Casey T. Cullen on behalf of John Doe Lopez, Jane Doe Mendoza, filed. (Cullen, Casey)
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Filing 21
RETURN of Service of SUMMONS Executed as to Kenneth E. Kvinta, City Attorney for the City of Yoakum, served on 5/28/2021, answer due 6/18/2021, filed. (Attachments: #1 Tracking Confirmation)(BrittanyFoil, 6)
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Filing 20
ORDER FOR SERVICE OF PROCESS. (Signed by Magistrate Judge Jason B Libby) Parties notified.(BrittanyFoil, 6)
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Summons Issued as to Kenneth E. Kvinta, City Attorney for the City of Yoakum. Issued summons not delivered to plaintiff; provided to USMS-Victoria, filed., filed.(BrittanyFoil, 6)
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Filing 19
ORDER granting #18 Motion to Lift Stay.(Signed by Magistrate Judge Jason B Libby) Parties notified.(JessieHutchinson, 2)
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Filing 18
MOTION to Lift StayMotions referred to Jason B Libby. by Jarvis Livingston, filed. Motion Docket Date 5/14/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Envelope)(ChristinaAvila, 2)
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Filing 17
AFFIDAVIT OF FACTS, filed. (Attachments: #1 Envelope)(ChristinaAvila, 2)
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Filing 16
ORDER STRIKING #15 MOTION Petition for removal of state court case to Federal case (Signed by Magistrate Judge Jason B Libby) Parties notified.(legarza, 2)
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Filing 15
STRUCK PER DE #16 - #15 MOTION/Petition for removal of state court case to Federal caseMotions referred to Jason B Libby. by Jarvis Livingston, filed. Motion Docket Date 5/7/2021. (srussell, 2) Modified on 4/19/2021 (legarza, 2).
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Filing 14
Notice of Filing of Official Transcript as to #13 Transcript,. Party notified, filed. (BrittanyFoil, 6)
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Filing 13
TRANSCRIPT re: Preliminary Hearing (Via Zoom) held on March 11, 2021 before Judge Drew B Tipton. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Jason B. Libby Release of Transcript Restriction set for 7/12/2021., filed. (mahenry, )
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Filing 12
Letter from Jarvis Livingston (Clarity of Issues), filed. (amartinez, 2)
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Filing 11
ORDER STAYING CASE.(Signed by Magistrate Judge Jason B Libby) Parties notified.(BrittanyFoil, 6)
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Filing 10
MEMORANDUM AND RECOMMENDATION re #1 Complaint. Objections to M&R due by 4/7/2021. Copy of M&R mailed with white card to Plaintiff Jarvis Livingston on 3/25/2021. (Signed by Magistrate Judge Jason B Libby) Parties notified.(CarrieDickie, 6)
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***Set/Reset Deadlines/Hearings: Status Conference set for 3/24/2021 at 02:00 PM before Magistrate Judge Jason B Libby. (BrittanyFoil, 6)
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Minute Entry for proceedings held before Magistrate Judge Jason B Libby. EVIDENTIARY/SPEARS HEARING held on 3/11/2021 by zoom video conference. Plaintiff sworn. Testimony presented regarding lawsuit. Appearances:Jarvis Livingston.(Digital # 10:04:45-10:54:52)(ERO:annette martinez), filed.(KendraPearson, 2)
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Filing 9
NOTICE of Resetting. Parties notified. Evidentiary/Spears Hearing by zoom video conference reset for 3/11/2021 at 10:00 AM before Magistrate Judge Jason B Libby, filed. *Instructions for appearing will be sent in a separate email.* (KendraPearson, 2)
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Filing 8
NOTICE of Setting. Parties notified. Spears Hearing by zoom video conference set for 3/2/2021 at 11:00 AM before Magistrate Judge Jason B Libby, filed. *Instructions for appearing will be sent in a separate email.* (KendraPearson, 2)
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Filing 7
MORE DEFINITE STATEMENT by Jarvis Livingston, filed. (Attachments: #1 Envelope)(BrittanyPainschab, 2)
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Filing 6
CONSENT to Proceed Before a Magistrate Judge by Jarvis Livingston, filed.(ShadiaNash, 4)
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Filing 4
ORDER FOR MORE DEFINITE STATEMENT as to Jarvis Livingston. More Definite Statement due by 2/22/2021.(Signed by Magistrate Judge Jason B Libby) Parties notified.(JessieHutchinson, 2)
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Filing 3
ORDER of Reference (Signed by Judge Drew B Tipton) Parties notified.(ChristinaAvila, 2)
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Filing 2
NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (CarrieDickie, 6)
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Filing 1
COMPLAINT against City of Yoakum, Billy Goodrich, John Doe Assistant District Attorney, Glenn Klander, John Doe Lopez, Jane Doe Mendoza, Sean Mooney, Carl O'Neill, Amanda Orack, Anita R Rodriguez, Karl Van Slooten, State Of Texas filed by Jarvis Livingston. (Filing Fee $402 not paid - IFP granted) (Attachments: #1 Civil Cover Sheet, #2 Order Granting IFP)(CarrieDickie, 6)
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