Bryant v. Seaton et al
| Kerwin Bryant |
| J. Seaton, J. Martin, C. Nelson, S. Johnson, R. Valadez, J. Barcena, F. Ramos, Mark A. Garza, Mark Corn, R. Resendez, J. Reyna, J. Castillo, K. Hayles, 187th Judicial District Court, 399th District Court, Assistant District Attorney, 399th Judicial District Court, Assistant District Attorney, 187th Judicial District Court, San Antonio Police Department, City of San Antonio and A. Garansuay |
| 5:2021cv00863 |
| September 10, 2021 |
| US District Court for the Western District of Texas |
| Xavier Rodriguez |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 10
ORDER STAYING CASE - ORDERED that Bryants remaining 1983 claims, i.e., his claims for monetary damages against the twelve SAPD officials based on the alleged unlawful arrests and searches, are STAYED pending resolution of his State criminal proceedings. IT IS FURTHER ORDERED that Bryant shall file an advisory with the Court stating the status of his pending criminal cases sixty (60) days from the date of this Order and file subsequent advisories every (60) days thereafter. Additionally, Bryant shall file an advisory with the Court informing the Court of any disposition of his criminal proceedings, i.e., dismissal, acquittal, conviction, within ten (10) days after any such disposition. If Bryant fails to file an advisory, i.e., status report, as mandated by this Order, the Court will dismiss his suit for failure to comply with this Courts Order. At any time, Bryant may voluntarily dismiss this matter by filing a motion to dismiss. The Clerk of Court is directed to ADMINISTRATIVELY CLOSE this case during the pendency of the stay. Signed by Judge Xavier Rodriguez. (rg)
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Filing 9
ORDERED that Bryants 1983 claims against Defendants Assistant District Attorney, 187th Judicial District Court, and Assistant District Attorney 399thJudicial District Court, in their official capacities for monetary damages (ECF No. 8) are DISMISSED WITHOUT PREJUDICE FOR WANT OF JURISDICTION because they are barred by sovereign immunity. IT IS FURTHER ORDERED that Bryants 1983 claims against Defendants SAPD and COSA, as well as his claims for defamation, discrimination, and theft, (ECF No. 8) are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted.IT IS FURTHER ORDERED that, to the extent Bryant seeks release from confinementby asking to have his criminal charges dismissed, his 1983 claims against Defendants (ECF IT IS FURTHER ORDERED that, to the extent Bryant seeks release from confinement by asking to have his criminal charges dismissed, his 1983 claims against Defendants (ECF No. 8) are DISMISSED WITHOUT PREJUDICE to the filing of a 28 U.S.C. 2241 habeas corpus action in a proper venue after he has exhausted his available statecourt remedies. Signed by Judge Xavier Rodriguez. (rg)
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| Filing 8 AMENDED COMPLAINT against All Defendants amending #1 Complaint, filed by Kerwin Bryant.(bc) |
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Filing 6
ORDER TO SHOW CAUSE-- IT IS THEREFORE ORDERED that within thirty (30) days of the date of this Order, Bryant must show cause why his Complaint and the claims therein should not be stayed or dismissed by filing an amended complaint that cures the noted deficiencies as to Kerwin Bryant.. Signed by Judge Xavier Rodriguez. (mgr)
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| Mailed Order (doc #6) and 1983 Form to Plaintiff. (mgr) |
| ReMailed Document #4 to Plaintiff using his TDCJ Number. (rg) |
| ReMailed Document #4 to Plaintiff using his SID Number. (rg) |
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Filing 4
ORDER - IT IS THEREFORE ORDERED that Bryants Application to Proceed IFP (ECF No. 2) is GRANTED. IT FURTHER ORDERED that BCADC must deduct $23.67 from Bryants institutional trust fund account and forward it to the U.S. Clerk of Court, 655 E. Csar E. Chvez Blvd., Room G65, San Antonio, Texas 78206, referencing the case number stated in the style of this Order. Signed by Judge Xavier Rodriguez. (rg)
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| Filing 3 Case Opening Letter to Kerwin Bryant. (nm) |
| Filing 2 MOTION to Proceed in forma pauperis by Kerwin Bryant. (nm) |
| Filing 1 COMPLAINT, filed by Kerwin Bryant. (Attachments: #1 Civil Cover Sheet, #2 Copy of Envelope)(nm) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad. (nm) |
| THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE XAVIER RODRIGUEZ. (nm) |
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