Harper v. El Paso Police Dpt.
Plaintiff: Jose Harper
Defendant: Officer Whitterstauter, Bermudez, Sgt. Shelton, El Paso Police Dpt., Looney and E. Villalobos
Case Number: 3:2019cv00138
Filed: May 22, 2019
Court: US District Court for the Western District of Texas
Presiding Judge: Robert F Castaneda
Referring Judge: David C Guaderrama
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 18, 2019 Opinion or Order Text Order MOOTING #37 Motion to Dismiss for Failure to State a Claim entered by Judge Robert F. Castaneda. In Light of Looney's corrected Motion (ECF No. 45), this Motion is denied as moot. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lzm)
July 18, 2019 Opinion or Order Text Order MOOTING #38 Motion to Dismiss for Failure to State a Claim entered by Judge Robert F. Castaneda. In Light of Defendant's corrected motion (ECF No. 46), this motion is denied as moot. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lzm)
July 18, 2019 Opinion or Order Text Order MOOTING #39 Motion to Dismiss for Failure to State a Claim entered by Judge Robert F. Castaneda.In light of Bermudez's corrected Motion (ECF No. 47), this Motion is denied as moot. This is a text-only entry generated by the court. There is no document associated with this entry.) (lzm)
July 18, 2019 Opinion or Order Text Order MOOTING #36 Motion to Dismiss for Failure to State a Claim entered by Judge Robert F. Castaneda. In light of Shelton's corrected Motion (ECF No.44), this Motion is denied as moot. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lzm)
July 3, 2019 Notice of Correction: re #27 MOTION to Dismiss. Document changed to a Motion as previously filed as an Answer. (em)
July 2, 2019 Filing 47 CORRECTED Motion to Dismiss for Failure to State a Claim by Bermudez. (Attachments: #1 Exhibit A). Motions referred to Judge Robert F. Castaneda. (Darnell, James)
July 2, 2019 Filing 46 CORRECTED Motion to Dismiss for Failure to State a Claim by Whitterstauter. (Attachments: #1 Exhibit A). Motions referred to Judge Robert F. Castaneda. (Darnell, James)
July 2, 2019 Filing 45 CORRECTED Motion to Dismiss for Failure to State a Claim by Looney. (Attachments: #1 Exhibit A). Motions referred to Judge Robert F. Castaneda. (Darnell, James)
July 2, 2019 Filing 44 CORRECTED Motion to Dismiss for Failure to State a Claim by Shelton. (Attachments: #1 Exhibit A). Motions referred to Judge Robert F. Castaneda. (Darnell, James)
July 2, 2019 Filing 43 NOTICE of Attorney Appearance by Cris Estrada on behalf of Looney. Attorney Cris Estrada added to party Looney(pty:dft) (Estrada, Cris)
July 2, 2019 Filing 42 NOTICE of Attorney Appearance by Cris Estrada on behalf of Shelton. Attorney Cris Estrada added to party Shelton(pty:dft) (Estrada, Cris)
July 2, 2019 Filing 41 NOTICE of Attorney Appearance by Cris Estrada on behalf of Whitterstauter. Attorney Cris Estrada added to party Whitterstauter(pty:dft) (Estrada, Cris)
July 2, 2019 Filing 40 NOTICE of Attorney Appearance by Cris Estrada on behalf of Bermudez. Attorney Cris Estrada added to party Bermudez(pty:dft) (Estrada, Cris)
July 2, 2019 Filing 39 Motion to Dismiss for Failure to State a Claim by Bermudez.. Motions referred to Judge Robert F. Castaneda. (Darnell, James)
July 2, 2019 Filing 38 Motion to Dismiss for Failure to State a Claim by Whitterstauter.. Motions referred to Judge Robert F. Castaneda. (Darnell, James)
July 2, 2019 Filing 37 Motion to Dismiss for Failure to State a Claim by Looney.. Motions referred to Judge Robert F. Castaneda. (Darnell, James)
July 2, 2019 Filing 36 Motion to Dismiss for Failure to State a Claim by Shelton.. Motions referred to Judge Robert F. Castaneda. (Darnell, James)
July 2, 2019 Filing 35 NOTICE of Attorney Appearance by James O. Darnell on behalf of Bermudez. Attorney James O. Darnell added to party Bermudez(pty:dft) (Darnell, James)
July 2, 2019 Filing 34 NOTICE of Attorney Appearance by James O. Darnell on behalf of Whitterstauter. Attorney James O. Darnell added to party Whitterstauter(pty:dft) (Darnell, James)
July 2, 2019 Filing 33 NOTICE of Attorney Appearance by James O. Darnell on behalf of Looney. Attorney James O. Darnell added to party Looney(pty:dft) (Darnell, James)
July 2, 2019 Filing 32 NOTICE of Attorney Appearance by James O. Darnell on behalf of Shelton. Attorney James O. Darnell added to party Shelton(pty:dft) (Darnell, James)
July 2, 2019 Filing 31 NOTICE of Attorney Appearance by James (Jeep) O. Darnell, Jr on behalf of Bermudez. Attorney James (Jeep) O. Darnell, Jr added to party Bermudez(pty:dft) (Darnell, James (Jeep))
July 2, 2019 Filing 30 NOTICE of Attorney Appearance by James (Jeep) O. Darnell, Jr on behalf of Whitterstauter. Attorney James (Jeep) O. Darnell, Jr added to party Whitterstauter(pty:dft) (Darnell, James (Jeep))
July 2, 2019 Filing 29 NOTICE of Attorney Appearance by James (Jeep) O. Darnell, Jr on behalf of Looney. Attorney James (Jeep) O. Darnell, Jr added to party Looney(pty:dft) (Darnell, James (Jeep))
July 2, 2019 Filing 28 NOTICE of Attorney Appearance by James (Jeep) O. Darnell, Jr on behalf of Shelton. Attorney James (Jeep) O. Darnell, Jr added to party Shelton(pty:dft) (Darnell, James (Jeep))
July 2, 2019 Filing 27 El Paso Police Department's DEFENDANT EL PASO POLICE DEPARTMENTS RULE 12 MOTION TO DISMISS PLAINTIFFS ORIGINAL COMPLAINT #1 Complaint . Attorney Oscar Guillermo Gabaldon, Jr added to party El Paso Police Dpt.(pty:dft) by El Paso Police Dpt.. (Attachments: #1 Proposed Order)(Gabaldon, Oscar) Modified on 7/3/2019 (em).
June 28, 2019 Filing 26 Motion to Dismiss for Failure to State a Claim , MOTION to Stay Case by E. Villalobos. (Attachments: #1 Exhibit A). Motions referred to Judge Robert F. Castaneda. (Darnell, James)
June 28, 2019 Filing 25 NOTICE of Attorney Appearance by Cris Estrada on behalf of E. Villalobos. Attorney Cris Estrada added to party E. Villalobos(pty:dft) (Estrada, Cris)
June 28, 2019 Filing 24 NOTICE of Attorney Appearance by James (Jeep) O. Darnell, Jr on behalf of E. Villalobos. Attorney James (Jeep) O. Darnell, Jr added to party E. Villalobos(pty:dft) (Darnell, James (Jeep))
June 28, 2019 Filing 23 NOTICE of Attorney Appearance by James O. Darnell on behalf of E. Villalobos. Attorney James O. Darnell added to party E. Villalobos(pty:dft) (Darnell, James)
June 25, 2019 Filing 22 SUMMONS Returned Executed by Jose Harper. E. Villalobos served on 6/7/2019, answer due 6/28/2019. (mc4)
June 25, 2019 Filing 21 SUMMONS Returned Executed by Jose Harper. Bermudez served on 6/11/2019, answer due 7/2/2019. (mc4)
June 25, 2019 Filing 20 SUMMONS Returned Executed by Jose Harper. Whitterstauter served on 6/11/2019, answer due 7/2/2019. (mc4)
June 25, 2019 Filing 19 SUMMONS Returned Executed by Jose Harper. Looney served on 6/11/2019, answer due 7/2/2019. (mc4)
June 25, 2019 Filing 18 SUMMONS Returned Executed by Jose Harper. Shelton served on 6/11/2019, answer due 7/2/2019. (mc4)
June 25, 2019 Filing 17 SUMMONS Returned Executed by Jose Harper. El Paso Police Dpt. served on 6/11/2019, answer due 7/2/2019. (mc4)
June 25, 2019 Filing 16 NOTICE Request for U.S. Marshals Service Expenses in Pauper Case (mc4)
June 3, 2019 Filing 15 Summons Issued as to E. Villalobos. (em)
June 3, 2019 Filing 14 Summons Issued as to Bermudez. (em)
June 3, 2019 Filing 13 Summons Issued as to Whitterstauter. (em)
June 3, 2019 Filing 12 Summons Issued as to Looney. (em)
June 3, 2019 Filing 11 Summons Issued as to Shelton. (em)
June 3, 2019 Filing 10 Summons Issued as to El Paso Police Dpt.. (em)
June 3, 2019 Opinion or Order Filing 9 ORDER Directing Monthly Payments be made from Prison Account of JOSE HARPER, GRANTING motion for in forma pauperis, directing Clerk to file Complaint, and Service to be executed by U.S. Marshal's Service. Signed by Judge Robert F. Castaneda. (em)
May 30, 2019 Opinion or Order Filing 8 ORDER REFERRING CASE to Magistrate Judge Robert F. Castaneda. Signed by Judge David C Guaderrama.. Referral Magistrate Judge: Robert F. Castaneda. (mt)
May 22, 2019 Filing 7 Case electronically transferred in from Western District of Kentucky; Case Number 3:19-cv-00359.
May 22, 2019 Opinion or Order Filing 6 MEMORANDUM AND ORDER by Judge Rebecca Grady Jennings on 5/21/2019 - The instant action shall be TRANSFERRED to the United States District Court for the Western District of Texas, pursuant to 28 U.S.C. 1406(a) for all further proceedings. All further filings shall be filed with that court. Should further filings be filed in this Court, the Clerk of Court shall transfer the filings to the Western District of Texas. cc: Plaintiff, pro se (KD) [Transferred from Kentucky Western on 5/22/2019.]
May 22, 2019 If ordered by the court, all referrals will be assigned to Magistrate Judge Castaneda (jg1)
May 22, 2019 Case assigned to Judge David C Guaderrama. 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. (jg1)
May 15, 2019 Filing 5 NOTICE of Deficiency re #1 Complaint. Reason for Deficiency: Summons not properly tendered. Failure to comply will be brought to the attention of the Court. Response due by 6/14/2019. (AME) [Transferred from Kentucky Western on 5/22/2019.]
May 15, 2019 Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. (AME) [Transferred from Kentucky Western on 5/22/2019.]
May 13, 2019 Filing 4 Prisoner Trust Fund Account Statement re #3 MOTION for Leave to Proceed in forma pauperis filed by Jose Harper. (AME) [Transferred from Kentucky Western on 5/22/2019.]
May 13, 2019 Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Jose Harper. (AME) [Transferred from Kentucky Western on 5/22/2019.]
May 13, 2019 Filing 1 COMPLAINT against El Paso Police Dpt., filed by Jose Harper. (Attachments: #1 Summons, #2 Envelope) #3 Exhibit - Narrative and Witness Statements) (AME). [Transferred from Kentucky Western on 5/22/2019.]

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Texas Western District Court's Electronic Court Filings (ECF) System

Search for this case: Harper v. El Paso Police Dpt.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Officer Whitterstauter
Represented By: Maria Guadalupe Martinez
Represented By: James (Jeep) O. Darnell, Jr.
Represented By: James O. Darnell
Represented By: Cris Estrada
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Bermudez
Represented By: Maria Guadalupe Martinez
Represented By: James (Jeep) O. Darnell, Jr.
Represented By: James O. Darnell
Represented By: Cris Estrada
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Sgt. Shelton
Represented By: Maria Guadalupe Martinez
Represented By: James (Jeep) O. Darnell, Jr.
Represented By: James O. Darnell
Represented By: Cris Estrada
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: El Paso Police Dpt.
Represented By: Maria Guadalupe Martinez
Represented By: Oscar Guillermo Gabaldon, Jr
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Looney
Represented By: Maria Guadalupe Martinez
Represented By: James (Jeep) O. Darnell, Jr.
Represented By: James O. Darnell
Represented By: Cris Estrada
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: E. Villalobos
Represented By: Maria Guadalupe Martinez
Represented By: James (Jeep) O. Darnell, Jr.
Represented By: James O. Darnell
Represented By: Cris Estrada
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Jose Harper
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?