Calzada v. Garcia et al
| Omar Jose Calzada |
| Mary Angie Garcia, Patton Zarate, Mitchell Yager, Angelina Martindelcampo, Lucy Adame-Clark, Brandon Roberts and Sid Harle |
| 5:2022cv01308 |
| December 7, 2022 |
| US District Court for the Western District of Texas |
| Xavier Rodriguez |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on May 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 43 TRANSCRIPT REQUEST by Omar Jose Calzada.***TRANSCRIPT IS UNNECESSARY FOR APPEAL PURPOSES.*** (dtg) |
| Filing 42 USCA Appeal Fees received $ 505 receipt number 2548 re #41 Notice of Appeal, filed by Omar Jose Calzada (wg) |
| Filing 41 NOTICE OF APPEAL by Omar Jose Calzada. Filing fee $ 505. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a #(Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (wg) |
| Filing 40 PRO-SE MOTION MOTION For relief to Judge Order under Rule 60(bXl) re #33 Order, by Omar Jose Calzada. (wg) |
Text Order DENYING #40 Motion entered by Judge Xavier Rodriguez. Other than a Notice of Appeal, the Clerk is directed to no longer file any other motions in this case. (This is a text-only entry generated by the court. There is no document associated with this entry.) (XR)
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| Filing 39 PRO-SE MOTION Relief to Judgment under Rule 60(d)(3) re #33 Order,,, Terminate Motions,, by Omar Jose Calzada. (wg) |
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Text Order DENYING #39 Motion entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (XR)
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Text Order DENYING #38 Motion entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (XR)
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| Filing 38 PRO SE MOTION for relief to Judgement under (Rule 60) (b)(3) to Judge Order (ECF. Doc 33) by Omar Jose Calzada. (nm) |
| Filing 37 CERTIFICATE OF SERVICE by Omar Jose Calzada #35 MOTION to Amend Judgment (nm) |
| Filing 36 PRO-SE MOTION to Clarify Text Order re Order on Motion to Amend Judgment, by Omar Jose Calzada. (wg) |
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Text Order DENYING #36 Motion entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (XR)
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Text Order DENYING #35 Motion to Amend Judgment entered by Judge Xavier Rodriguez. In his motion (ECF No. 35), Mr. Calzada asserts arguments previously raised, considered by this Court, and disposed of. Any disagreements with this Court's orders and judgments must now be raised on appeal. This Court will not entertain any further motions in this case. (This is a text-only entry generated by the court. There is no document associated with this entry.) (szlc)
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| Filing 35 PRO-SE MOTION to Amend Judgment PER (Rule 59) Ref: [Doc.33] & [Doc. 34] by Omar Jose Calzada. (wg) Modified on 4/21/2023 (wg). |
| Filing 34 FINAL JUDGMENT, Plaintiffs claims against Defendant Garcia related to his federal criminal cases, captionedSA-21-cv-610-XR and SA-12-cr-642-XR-2, including the validity of his original arrest warrant,are precluded and DISMISSED WITH PREJUDICE.Plaintiff has failed to state a claim against Defendant Garcia related to arrest warrant#CM071278. This claim is DISMISSED WITH PREJUDICE.To the extent Plaintiff is suing Defendants Martindel campo and Adame-Clark for monetary damages, his 42 U.S.C. 1983 claims are DISMISSED WITH PREJUDICE based on quasi judicial immunity. To the extent that Plaintiff seeks declaratory or injunctive relief for constitutional violationsagainst Defendants Martindelcampo, Adame-Clark, Roberts, Yager, and Zarate, these claims are DISMISSED WITH PREJUDICE. Plaintiffs claims of malicious prosecution and his conspiracy are DISMISSED WITH PREJUDICE. Signed by Judge Xavier Rodriguez. (wg) |
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Filing 33
ORDER GRANTING re #9 Motion to Dismiss for Failure to State a Claim filed by Brandon Roberts, Patton Zarate, GRANTED #8 Motion to Dismiss for Failure to State a Claim and Alternative Motion to Stay filed by Mitchell Yager, Angelina Martindelcampo, Lucy Adame-Clark, Mary Angie Garcia, MOOT #26 MOTION for Summary Judgment filed by Omar Jose Calzada, MOOT #28 MOTION to Compel filed by Omar Jose Calzada, #30 MOTION for Hearing MOOT #30 MOTION for Hearing MOOT #29 MOTION for Hearing. Signed by Judge Xavier Rodriguez. (wg)
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| Filing 32 Certified Mail Receipt of #29 MOTION for Hearing re #26 MOTION for Summary Judgment, #30 MOTION for Hearing re #28 MOTION to Compel (wg) |
| Filing 31 JUDICIAL NOTICE of Filing New Federal Court Record & Court Delay by Omar Jose Calzada (wg) |
| Filing 30 PRO-SE MOTION for Hearing re #28 MOTION to Compel Discovery filed by Omar Jose Calzada. (wg) |
| Filing 29 PRO SE MOTION for Hearing re #26 MOTION for Summary Judgment by Omar Jose Calzada. (nm) |
| Filing 28 PRO SE MOTION to Compel Discovery by Omar Jose Calzada. (Attachments: #1 Exhibit)(nm) |
| Filing 27 Minute Entry for proceedings held before Judge Xavier Rodriguez: Status Conference held on 2/16/2023 (Minute entry documents are not available electronically.) (Recd. 2/25/23) (Court Reporter Gigi Simcox.)(wg) |
| Filing 26 PRO-SE MOTION for Summary Judgment Rule 56 filed by Omar Jose Calzada. (wg) |
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Text Order DENYING #18 Motion for Recusal entered by Judge Xavier Rodriguez. For reasons stated in open court, this motion is denied. (This is a text-only entry generated by the court. There is no document associated with this entry.) (szlc)
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Text Order GRANTING #10 Motion to Dismiss entered by Judge Xavier Rodriguez. For reasons stated in open court, this motion is granted. This is a text-only entry generated by the court. There is no document associated with this entry.) (szlc)
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Text Order DENYING #14 Motion for Reconsideration entered by Judge Xavier Rodriguez. For reasons stated in open court, this motion is denied. (This is a text-only entry generated by the court. There is no document associated with this entry.) (szlc)
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Text Order DENYING #19 Motion for Recusal entered by Judge Xavier Rodriguez. For reasons stated in open court, this motion is denied. (This is a text-only entry generated by the court. There is no document associated with this entry.) (szlc)
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Text Order DENYING #25 Motion to Vacate entered by Judge Xavier Rodriguez. For reasons stated in open court, this motion is denied. (This is a text-only entry generated by the court. There is no document associated with this entry.) (szlc)
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Text Order TAKING UNDER ADVISEMENT #9 Motion to Dismiss for Failure to State a Claim entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (szlc)
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Text Order DENYING #15 Motion entered by Judge Xavier Rodriguez. For reasons stated in open court, this motion is denied. (This is a text-only entry generated by the court. There is no document associated with this entry.) (szlc)
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Text Order TAKING UNDER ADVISEMENT #8 Motion to Dismiss for Failure to State a Claim entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (szlc)
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| Filing 25 PRO-SE MOTION to Vacate #11 Order on Motion for Recusal by Omar Jose Calzada. (wg) |
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Filing 24
ORDER RESETTING STATUS CONFERENCE AND HAERING ON ALL PENDING MOTIONS, ( Status Conference set for 2/16/2023 01:00 PM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (wg)
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| Filing 23 PRO-SE SUPPLEMENT to #18 MOTION for Recusal by Omar Jose Calzada. (wg) |
| Filing 22 PRO-SE RESPONSE to #20 Reply to Response to Motion by Omar Jose Calzada. (wg) |
| Filing 21 NOTICE of Filing ( Judicial Notice ) by Omar Jose Calzada (wg) |
| Filing 20 REPLY to Response to Motion, filed by Sid Harle, re #10 MOTION to Dismiss filed by Defendant Sid Harle (Graydon, Scot) |
| Filing 19 2nd AMENDED PRO-SE MOTION for Recusal of Judge Xavier Rodriguez. Filed by Omar Jose Calzada. (wg) |
| Filing 18 PRO-SE MOTION for Recusal of Judge Xavier Rodriguez filed by Omar Jose Calzada. (wg) |
| Filing 17 PRO-SE RENEWED MOTION for Recusal filed by Omar Jose Calzada. (wg) |
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Text Order DENYING #17 Motion for Recusal. entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) Mr. Calzada continues to argue that the Court made incorrect rulings in his case. That is not a basis for recusal.(XR)
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| Filing 16 PRO-SE PLAINTIFF'S REPLY to #10 MOTION to Dismiss , #9 Motion to Dismiss for Failure to State a Claim , #8 Motion to Dismiss for Failure to State a Claim and Alternative Motion to Stay by Omar Jose Calzada. (wg) |
| Filing 15 PRO-SE MOTION MOTION TO VACATE JUDGEMENT - FEDERAL RULE OF CIVIL PROCEDURE RULE 60 B (4) re #11 Order on Motion for Recusal by Omar Jose Calzada. (wg) |
| Filing 14 PRO-SE MOTION for Reconsideration re #11 Order on Motion for Recusal, & MOTION to Stay proceedings of Civil Case pending Criminal Case filed by Omar Jose Calzada. (wg) |
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Text Order DENYING #12 Motion for Reconsideration re #12 MOTION for Reconsideration re #11 Order on Motion for Recusal filed by Omar Jose Calzada entered by Judge Xavier Rodriguez. Mr. Calzada raises no valid grounds for recusal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (XR)
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Filing 13
ORDER SETTING STATUS CONFERENCE AND HEARING ON ALL PENDING MOTIONS, ( Status Conference set for 2/16/2023 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (wg)
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| Filing 12 PRO-SE MOTION for Reconsideration re #11 Order on Motion for Recusal by Omar Jose Calzada. (wg) |
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Filing 11
ORDER DENYING #6 Motion for Recusal or Removal of Judge Xavier Rodriguez. Signed by Judge Xavier Rodriguez. (wg)
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| Filing 10 MOTION to Dismiss by Sid Harle. (Graydon, Scot) |
| Filing 9 Motion to Dismiss for Failure to State a Claim by Brandon Roberts, Patton Zarate. (Attachments: #1 Proposed Order)(Magee, Jason) |
| Filing 8 Motion to Dismiss for Failure to State a Claim and Alternative Motion to Stay by Lucy Adame-Clark, Mary Angie Garcia, Angelina Martindelcampo, Mitchell Yager. (Piatt, Robert) |
| Filing 7 SUMMONS Returned Executed by Omar Jose Calzada. Lucy Adame-Clark served on 12/19/2022, answer due 1/9/2023; Mary Angie Garcia served on 12/19/2022, answer due 1/9/2023; Angelina Martindelcampo served on 12/22/2022, answer due 1/12/2023; Brandon Roberts served on 12/19/2022, answer due 1/9/2023; Mitchell Yager served on 12/20/2022, answer due 1/10/2023; Patton Zarate served on 12/19/2022, answer due 1/9/2023. (wg) |
| Filing 6 PRO-SE MOTION for Recusal of District Judge Xavier Rodriguez filed by Omar Jose Calzada. (wg) |
| Filing 5 Summons Issued as to Lucy Adame-Clark, Mary Angie Garcia, Sid Harle, Angelina Martindelcampo, Brandon Roberts, Mitchell Yager, Patton Zarate. (wg) |
| Filing 4 AMENDED COMPLAINT against Lucy Adame-Clark, Mary Angie Garcia, Sid Harle, Angelina Martindelcampo, Brandon Roberts, Mitchell Yager, Patton Zarate amending #1 Complaint., filed by Omar Jose Calzada.(wg) |
| Filing 3 CORRECTED Case Opening Letter to Omar Jose Calzada. (dtg) |
| Filing 2 Case Opening Letter to Omar Jose Calzada. (dtg) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (Filing fee $402.00 receipt number 1509), filed by Omar Jose Calzada. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt)(dtg) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney. (dtg) |
| THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE XAVIER RODRIGUEZ. (dtg) |
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