Weirich v. Burnet County Jail et al
| Paul D Weirich |
| Burnet County Jail and Mr. D. Davis |
| 1:2021cv00972 |
| October 26, 2021 |
| US District Court for the Western District of Texas |
| Lee Yeakel |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 20, 2021. A more recent docket listing may be available from PACER.
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| Filing 24 FINAL JUDGMENT. Signed by Judge Lee Yeakel. (lt) |
Filing 23
ORDER ADOPTING #19 Report and Recommendation of the United States Magistrate Judge. ORDER DISMISSING Plaintiff Taylor D. Weirich's complaint with prejudice. ORDER that the clerk shall email a copy of the order and judgment to the keeper of the three-strikes list. Signed by Judge Lee Yeakel. (lt)
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| Filing 20 Certified Mailing of Copy of #19 Report and Recommendation to Paul D. Weirich mailed 11/02/2021. Report and Recommendation also sent to Mr. Weirich via first class mail on 11/01/2021. (jv2) |
| Filing 19 REPORT AND RECOMMENDATIONS re #8 Amended Complaint, filed by Paul D Weirich. Signed by Judge Dustin M. Howell. (jv2) |
| Filing 18 Case Transfer and Opening Letter mailed to Paul D. Weirich. (cj) |
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Filing 17
ORDER REFERRING CASE to Magistrate Judge Dustin M. Howell. Signed by Judge Lee Yeakel. (cj)
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| Case TRANSFERRED and assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Howell (cj) |
| Filing 16 Case electronically transferred in from Northern District of Texas; Case Number 1:21-cv-00194. |
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Filing 15
ORDER TRANSFERRING TO ANOTHER DISTRICT. Case transferred to Austin Division of Western District of Texas. (Ordered by Magistrate Judge John R. Parker on 10/26/2021) (amg) [Transferred from Texas Northern on 10/26/2021.]
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Filing 14
ORDER OF SEVERANCE AND TRANSFER. It is ORDERED that all claims against Burnet County Jail and D. Davis, APRN, GNP, alleged to have occurred at the Burnet County Jail be severed from the instant Amended Complaint and transferred to the United States District Court for the Western District of Texas, Austin Division, in accordance with 28 U.S.C. 1406(a). Clerk to open new case for severed matter. New case no. 1:21-cv-193-BU opened for severed parties. (Ordered by Magistrate Judge John R. Parker on 10/26/2021) (amg) [Transferred from Texas Northern on 10/26/2021.]
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Filing 13
ORDER TRANSFERRING THE CASE TO THE UNITED STATES MAGISTRATE JUDGE. After an initial review under 28 U.S.C. 1915, the Court is of the opinion that this case should be transferred to the docket of the Honorable John R. Parker, United States Magistrate Judge, for further proceedings. This case will now be numbered Civil Action No. 1:21-CV-00166-BU. The Magistrate Judge shall order the transfer of this case back to the docket of this Court and file proposed findings of fact, conclusions of law, and recommendations for the disposition of the case under 28 U.S.C. 636(b)(1) within 365 days from the date of this order in the following circumstances: (1) the Plaintiff does not consent to proceed before the Magistrate Judge; or (2) the Plaintiff consents to proceed before the Magistrate Judge, but a Defendant does not consent. (Ordered by Judge James Wesley Hendrix on 10/15/2021) (amg) [Transferred from Texas Northern on 10/26/2021.]
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Filing 12
ORDER. Plaintiff filed a second request for the appointment of counsel #10 . The Court denied Plaintiff's first request on September 21, 2021, without prejudice to his renewing his motion after completion of judicial screening or if there is a material change in circumstances #7 . Judicial screening remains pending, and Plaintiff has not shown any material change in his circumstances. His second request for appointment of counsel is denied. (Ordered by Judge James Wesley Hendrix on 10/15/2021) (amg) [Transferred from Texas Northern on 10/26/2021.]
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Filing 11
PLRA FILING FEE ORDER. After reviewing the application, the Court orders the following: Plaintiff is granted leave to proceed in forma pauperis under 28 U.S.C. 1915. Plaintiff will not be assessed an initial partial filing fee because he lacks the requisite funds in his prison account to pay an initial fee; however, plaintiff will be required to pay the full filing fee of $350.00 under the PLRA. The Clerk will mail a copy of this order to the inmate accounting office or other persons or entity with responsibility for assessing, collecting, and remitting to the Court the interim filing fee payments on behalf of inmates, as designated by the facility in which Plaintiff is confined. **Clerk's Note: copy of Order forwarded to Taylor County Detention Center, Inmate Trust Fund Office. (Ordered by Judge James Wesley Hendrix on 10/15/2021) (amg) [Transferred from Texas Northern on 10/26/2021.]
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 11, 12, 13. Fri Oct 15 14:38:01 CDT 2021 (crt) [Transferred from Texas Northern on 10/26/2021.] |
| Filing 10 (Second) MOTION for the Appointment of Counsel, filed by Paul D Weirich. (amg) [Transferred from Texas Northern on 10/26/2021.] |
| Filing 9 MOTION for Leave to Proceed in forma pauperis with certificate of trust account, filed by Paul D Weirich. (amg) [Transferred from Texas Northern on 10/26/2021.] |
| Filing 8 AMENDED COMPLAINT against All Defendants filed by Paul D Weirich. 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. (amg) [Transferred from Texas Northern on 10/26/2021.] |
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Filing 7
ORDER. The Court notes that Plaintiff has not shown any inability to adequately present and investigate his case or shown that exceptional circumstances are involved to justify the appointment of counsel at this stage of the case. Plaintiff's request for appointment of counsel 4 is denied without prejudice to Plaintiff's right to request appointment of counsel after the Court has completed screening of his case or should there be a material change of circumstances. (Ordered by Judge James Wesley Hendrix on 9/21/2021) (amg) [Transferred from Texas Northern on 10/26/2021.]
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 7. Tue Sep 21 16:09:43 CDT 2021 (crt) [Transferred from Texas Northern on 10/26/2021.] |
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Filing 6
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff must address the following deficiencies: The complaint was not filed on the court-approved form and neither the $402 filing fee nor a request to proceed in forma pauperis was submitted. Therefore, by October 11, 2021 (30 days), Plaintiff is ORDERED to (1) file his civil-rights complaint on the approved form, and (2) pay the $402 filing fee or file an application to proceed in forma pauperis on the approved form with the required certificate of inmate trust account. Plaintiff's failure to comply with this order may result in the dismissal of this action under Federal Rule of Civil Procedure 41(b). The Clerk will mail an application to proceed in forma pauperis, a certificate of inmate trust account with authorization, and a prisoner civil-rights complaint form marked "amended," to Plaintiff along with a copy of this order. (Ordered by Judge James Wesley Hendrix on 9/9/2021) (chmb) [Transferred from Texas Northern on 10/26/2021.]
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Filing 5
ELECTRONIC NOTICE OF JUDICIAL SCREENING AND STANDING ORDER: Judicial screening of this case is pending. See 28 U.S.C. 1915(e)(2); 28 U.S.C. 1915A(a). It is therefore ORDERED that (1) service of process will be withheld until judicial screening is complete, (2) no motions for appointment of counsel may be filed until the Court has completed the screening process, (3) all discovery in this case is stayed until an answer is filed or until further order, (4) no amendments or supplements may be filed without prior Court approval, and (5) any motion to amend the complaint must be accompanied by a complete proposed amended complaint on the required form. It is further ORDERED that Plaintiff must promptly notify the Court in writing of any change of address. Failure to provide updated address information may result in the dismissal of the case under Fed. R. Civ. 41(b). (Ordered by Judge James Wesley Hendrix on 9/9/2021) (chmb) [Transferred from Texas Northern on 10/26/2021.]
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| Filing 4 MOTION to Appoint Counsel, filed by Paul D Weirich. **Clerk's Note: see page 5, last paragraph. (amg) [Transferred from Texas Northern on 10/26/2021.] |
| Filing 3 Notice and Instruction to Pro Se Party. (amg) [Transferred from Texas Northern on 10/26/2021.] |
| Filing 2 COMPLAINT against All Defendants filed by Paul D Weirich. 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. (amg) [Transferred from Texas Northern on 10/26/2021.] |
| Filing 1 New Case Notes: A filing fee has not been paid. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) 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. (amg) [Transferred from Texas Northern on 10/26/2021.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 1, 3. Thu Sep 9 11:03:40 CDT 2021 (crt) [Transferred from Texas Northern on 10/26/2021.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 5, 6, with amended 1983 complaint and application to proceed in forma pauperis forms. Thu Sep 9 13:29:27 CDT 2021 (crt) [Transferred from Texas Northern on 10/26/2021.] |
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