MCCLURE v. TEXAS ATTORNEY GENERAL et al
| Robert T. McClure |
| Jennifer Tharp, Jessi Valdez, John Doe, Texas Attorney General, Bruce Toney, Nathen Martinez, Bryan Collier, Cheryl Johnson, Lawrence Meyers, Sharon Keller, MCANDREWS, Rudolph Brothers, Elsa Alcala, Gabriella Martinez, Lora Livingston, David Newell, Kevin Yeary, Heather Kellar, Joseph Buttitta, John . Doe, ANDREW BARUER, Michael Miller, in his or her offici John or Jane DOE, Ken Paxton, Warden Lorie Davis, Barbara Hervey, Mike Keasler, Officer John Doe, Jack Robinson, Bryan Luna, Officer Taylor, M. Vixtha and Honorable Judge Bert Richardson |
| 5:2019cv01456 |
| December 16, 2019 |
| US District Court for the Western District of Texas |
| Orlando L Garcia |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 10, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 MOTION to Appoint Counsel by Robert T. McClure. (Attachments: #1 cover letter, #2 envelope)(mgr) |
| Filing 19 MOTION to Conduct Spears Hearing by Robert T. McClure. (mgr) |
| Filing 18 AMENDED COMPLAINT against Bryan Collier, John Doe(#1, use of force team at Montford unit, T.D.C.J. ), John Doe(#5, use of force team at Montford unit - T.D.C.J. ), John. Doe, John Doe(#3, use of force team at Montford Unit - T.D.C.J.), John Doe(Correctional Officer - T.D.C.J., Montford Unit), John Doe(Texas Tech, medical nurse - contract employee at Montford unit, nurse present at use of force; official - individual capacity), Barbara Hervey, Heather Kellar, Sharon Keller, Bryan Luna, Gabriella Martinez, Nathen Martinez, Michael Miller, Ken Paxton, Jack Robinson, Jennifer Tharp amending #1 Complaint, filed by Robert T. McClure.(rg) |
Filing 17
ORDER DENYING #15 Motion to Appoint Counsel. Signed by Chief Judge Orlando L. Garcia. (rf)
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| Filing 14 Case Opening Letter by Robert T. McClure. (mgr) |
| Filing 16 ADVISORY TO THE COURT by Robert T. McClure. (mgr) |
| Filing 15 MOTION for Appoint of Counsel by Robert T. McClure. (mgr) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (mgr) |
| Case assigned to Chief Judge Orlando L. Garcia. 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. (mgr) |
| Filing 13 Case electronically transferred in from District of Columbia; Case Number 1:19-cv-00117. |
| Case transferred to the USDC for the Western District of Texas, pursuant to the Court Order entered 11/18/2019. Sent to Court via extraction. (ztth) [Transferred from District of Columbia on 12/16/2019.] |
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Filing 12
ORDER transferring this case to the United States District Court for the Western District of Texas. See text for details. Signed by Judge Dabney L. Friedrich on November 18, 2019. (lcdlf2) [Transferred from District of Columbia on 12/16/2019.]
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| Filing 11 MOTION for Extension of Time to Execute Service of Summons by ROBERT T. MCCLURE (SEE DOCKET #10 to see document.) (zeg) [Transferred from District of Columbia on 12/16/2019.] |
| Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BRYAN COLLIER served on 9/24/2019, answer due 10/15/2019; BARBRA HERVEY served on 9/24/2019, answer due 10/15/2019; HEATHER KELLAR served on 9/24/2019, answer due 10/15/2019; SHARON KELLER served on 9/24/2019, answer due 10/15/2019; BRYAN LUNA served on 9/24/2019, answer due 10/15/2019; GABRIELLA MARTINEZ served on 9/24/2019, answer due 10/15/2019; NATHEN MARTINEZ served on 9/24/2019, answer due 10/15/2019; MICHAEL MILLER served on 9/24/2019, answer due 10/15/2019; KEN PAXTON served on 9/24/2019, answer due 10/15/2019; JACK ROBINSON served on 9/24/2019, answer due 10/15/2019; JENNIFER THARP served on 9/24/2019, answer due 10/15/2019 (Attachment: #1 Attachment A)(eg) [Transferred from District of Columbia on 12/16/2019.] |
| Filing 9 NOTICE by ROBERT T. MCCLURE. "Let this be filed" by Judge Dabney L. Friedrich on 10/24/2019. (ztth) [Transferred from District of Columbia on 12/16/2019.] |
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MINUTE ORDER. The plaintiff is advised that the summonses contained in the #9 Notice of October 24, 2019 have not been issued to the John Doe defendants or to Eric Vinson. The Clerk of Court is unable to issue summonses to unnamed John or Jane Doe defendants or to parties not listed in the complaint. Signed by Judge Dabney L. Friedrich on October 24, 2019. (lcdlf2) [Transferred from District of Columbia on 12/16/2019.]
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| Filing 8 SUMMONS Not Issued as to JOHN DOE(#5, use of force team at Montford unit - T.D.C.J. ), JOHN DOE(#3, use of force team at Montford Unit - T.D.C.J.), JOHN DOE(#4, use of force team at Montford unit - T.D.C.J.), JOHN DOE(#2, use of force team at Montford Unit - T.D.C.J. ), JOHN DOE (#1, use of force team at Montford unit, T.D.C.J. ), JOHN DOE (Correctional Officer - T.D.C.J., Montford Unit) and for unnamed individual Eric Vinson. (ztd) (Additional attachment(s) added on 9/25/2019: #1 Attachments) (ztd). (Main Document 8 replaced on 9/25/2019) (ztd). Modified documents returned to plaintiff with District Court summons AO 440 forms on 9/25/2019 (ztd). [Transferred from District of Columbia on 12/16/2019.] |
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MINUTE ORDER granting the plaintiff's #7 Motion for an Extension of Time. The plaintiff shall file proof of service according to Federal Rule of Civil Procedure 4 on or before November 12, 2019. So Ordered by Judge Dabney L. Friedrich on September 13, 2019. (lcdlf2) [Transferred from District of Columbia on 12/16/2019.]
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| Filing 7 MOTION for Extension of Time by ROBERT T. MCCLURE. (Attachment: #1 Exhibits) (ztth) [Transferred from District of Columbia on 12/16/2019.] |
| Summons (11) Issued as to BRYAN COLLIER, BARBRA HERVEY, HEATHER KELLAR, SHARON KELLER, BRYAN LUNA, GABRIELLA MARTINEZ, NATHEN MARTINEZ, MICHAEL MILLER, KEN PAXTON, JACK ROBINSON, JENNIFER THARP. (ztth) [Transferred from District of Columbia on 12/16/2019.] |
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MINUTE ORDER denying as moot the plaintiff's #6 Motion to Reinstate Cause of Action because this case was already reopened following the plaintiff's payment of the filing fee. It is further ORDERED that the plaintiff's #6 Motion for Leave to File Amended Civil Complaint is GRANTED. Finally, as stated in the August 16, 2019 Minute Order, the Court directs the plaintiff's attention to Federal Rules of Civil Procedure 4(m) and 4(l). To avoid a mandatory dismissal of this action, the plaintiff must either serve the defendants with the amended complaint and file proof of service with the Court, or he must establish good cause for the failure to do so on or before September 13, 2019. So Ordered by Judge Dabney L. Friedrich on August 20, 2019. (lcdlf2) [Transferred from District of Columbia on 12/16/2019.]
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MINUTE ORDER. The plaintiff filed his #1 Complaint on January 15, 2019. As of the date of this order, the plaintiff has yet to file proof of service of any defendant. The Court therefore directs the plaintiff's attention to Federal Rule of Civil Procedure 4(m), which provides, in pertinent part, that "[i]f a defendant is not served within 90 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice against [the] defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period." Fed. R. Civ. P. 4(m). Unless service is waived, proof of service must be made to the Court. Fed. R. Civ. P. 4(l)(1). To avoid the finality of a mandatory dismissal of this action against the defendants, it is ORDERED that the plaintiff shall either cause process to be served upon the defendants and proof of service to be filed with the Court, or establish good cause for the failure to do so, on or before September 13, 2019. The failure to make such filings will result in dismissal of this case. So Ordered by Judge Dabney L. Friedrich on August 16, 2019. (lcdlf2) [Transferred from District of Columbia on 12/16/2019.]
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| Filing 6 MOTION for Leave to File Amended Complaint, MOTION to Reinstate Cause of Action by ROBERT T. MCCLURE (zrdj) [Transferred from District of Columbia on 12/16/2019.] |
| Case Assigned to Judge Dabney L. Friedrich. (zsb) [Transferred from District of Columbia on 12/16/2019.] |
| Filing fee received: $ 350, receipt number: 4616100203. (zsb) [Transferred from District of Columbia on 12/16/2019.] |
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Filing 5
ORDER DISMISSING PRO SE CASE WITHOUT PREJUDICE. Ordered that the application of the plaintiff to proceed in forma pauperis is DENIED. See Order for further details. Pro Se party has been notified by first class mail. Signed by Judge Trevor N. McFadden on 2/26/2019. (zmd) [Transferred from District of Columbia on 12/16/2019.]
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| Filing 4 MOTION for a Spears Hearing by ROBERT T. MCCLURE (zmd) Modified event on 1/30/2019 (znmw). [Transferred from District of Columbia on 12/16/2019.] |
| Filing 3 PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ROBERT T. MCCLURE. (zmd) [Transferred from District of Columbia on 12/16/2019.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by ROBERT T. MCCLURE (Attachments: #1 Exhibits) (zmd) [Transferred from District of Columbia on 12/16/2019.] |
| Filing 1 COMPLAINT against ALL DEFENDANTS with Jury Demand filed by ROBERT T. MCCLURE. (Attachments: #1 Memorandum of Law in Support of Civil Rights Complaint) (zmd) [Transferred from District of Columbia on 12/16/2019.] |
| Initiating Pleading & IFP Application Received on 1/15/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zmd) [Transferred from District of Columbia on 12/16/2019.] |
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