Kopatz v. John Doe, UTMB-Telford Unit et al
| Brian Kopatz |
| John Doe, UTMB-Telford Unit, John Doe, UCC-Telford Unit, Brandy Curl, Governor Greg Abbott, John Doe UCC-Connally Unit, Bryan Collier, Practice Manager Debra Gloor and Dr. Lanette Linthicum |
| 5:2024cv00377 |
| April 12, 2024 |
| U.S. District Court for the Western District of Texas |
| San Antonio Office |
| Jason K Pulliam |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 39 PRO-SE MOTION & MEMORANDUM to Amend Complaint by Brian Kopatz. (wg) |
| Filing 38 PRO-SE MOTION to Amend Complaint by Brian Kopatz. (wg) |
Filing 37
STANDING ORDER for procedure in cases before Judge Pulliam. All parties and counsel are directed to review Judge Pulliam's Standing Order containing rules of practice, particularly the requirement of conference before filing a Motion to Dismiss under Federal Rule 12(b)(6) and demonstration of complete diversity. Failure to follow these rules of practice could result in the Court striking the Motion to Dismiss on its own initiative without further notice. Signed by Judge Jason Pulliam. (bot2)
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| Filing 36 Case electronically transferred in from the Eastern District of Texas-Texarkana Division; Case Number 5:22-cv-00156. |
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Filing 35
FINAL JUDGMENT. It is ORDERED that the above-captioned cause of action is DISMISSED WITHOUT PREJUDICE as to all claims other than those involving the defendants Debra Gloor and the unknown classification chief at the Connally Unit. It is further ORDERED that the claims against defendants Debra Gloor and the unknown classification chief at the Connally Unit are SEVERED and TRANSFERRED to the United States District Court for the Western District of Texas, San Antonio Division. The Clerk of Court is directed to close the above-captioned case. Signed by District Judge Robert W. Schroeder, III on 4/12/2024. (slo) [Transferred from Texas Eastern on 4/12/2024.]
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Filing 34
ORDER OF DISMISSAL. It is ORDERED that the Plaintiff's objections are overruled and the Report of the Magistrate Judge (Docket No. 21) is ADOPTED as the opinion of the District Court. It is further ORDERED that the Plaintiff's claims against the Defendants Debra Gloor and the unknown classification chief at the Connally Unit are SEVERED from this lawsuit and TRANSFERRED forthwith to the United States District Court for the Western District of Texas, San Antonio Division, for such other and further proceedings as that court may deem appropriate. It is further ORDERED that all other claims and defendants in this lawsuit are DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted. Signed by District Judge Robert W. Schroeder, III on 4/12/2024. (slo) [Transferred from Texas Eastern on 4/12/2024.]
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| If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (wg) |
| Case assigned to Judge Jason K. Pulliam. 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. (wg) |
| Interdistrict transfer to the Western District of Texas (San Antonio Division). (slo) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 32 OBJECTION/RESPONSE to #21 Report and Recommendations by Brian Kopatz. (Attachments: #1 Envelope)(SLO) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 31 ACKNOWLEDGMENT OF RECEIPT by Brian Kopatz on 3/8/2024 as to #28 Order; #27 Order; #26 Order on Motion to Amend/Correct and #29 Order. (slo) [Transferred from Texas Eastern on 4/12/2024.] |
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Filing 30
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #20 Report and Recommendations. It is further ORDERED that the Plaintiff's motion for injunctive relief (Docket No. 17) is DENIED. It is ORDERED that the Plaintiff's motion to withdraw his request for injunctive relief (Docket No. 24) is DENIED-AS-MOOT. Signed by District Judge Robert W. Schroeder, III on 3/12/2024. (slo) [Transferred from Texas Eastern on 4/12/2024.]
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Filing 29
ORDER granting #25 MOTION for Extension of Time to File filed by Brian Kopatz. It is ORDERED that the Plaintiff's motion for extension of time (Dkt. No. 25) is GRANTED. The Plaintiff shall have 30 days from the date of receipt of this order in which to file such objections as he may have to the Report of the Magistrate Judge. Signed by Magistrate Judge James Boone Baxter on 3/4/2024. (slo ) [Transferred from Texas Eastern on 4/12/2024.]
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Filing 28
ORDER granting #16 MOTION for Copies filed by Brian Kopatz. It is ORDERED that the Plaintiff's motion for a copy of his amended complaint (Dkt. No. 16) is GRANTED. The Clerk shall send to Plaintiff, without charge, a copy of his amended complaint (Dkt. No. 11). (Copy of Amended Complaint (Dkt. 11) forwarded to Plaintiff via regular mail.) Signed by Magistrate Judge James Boone Baxter on 3/4/2024. (slo) [Transferred from Texas Eastern on 4/12/2024.]
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Filing 27
ORDER denying #13 MOTION TRANSFER VENUE filed by Brian Kopatz. Signed by Magistrate Judge James Boone Baxter on 3/4/2024. (slo) [Transferred from Texas Eastern on 4/12/2024.]
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Filing 26
ORDER denying #12 Motion to Amend. It is ORDERED that Plaintiff's motion to amend his amended complaint (Dkt. No. 12) is DENIED without prejudice to Plaintiffs right to file a proper motion, accompanied by a copy of the proposed amended complaint. Signed by Magistrate Judge James Boone Baxter on 3/4/2024. (slo) [Transferred from Texas Eastern on 4/12/2024.]
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| Filing 25 MOTION for Extension of Time to File Objection to #21 Report and Recommendation by Brian Kopatz. (Attachments: #1 Envelope)(slo) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 24 MOTION to Dismiss #17 Motion for Preliminary Injunction by Brian Kopatz. (Attachments: #1 Envelope)(slo) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 23 ACKNOWLEDGMENT OF RECEIPT by Brian Kopatz on 2/15/2024 as to #21 Report and Recommendations. (slo) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 22 ACKNOWLEDGMENT OF RECEIPT by Brian Kopatz on 2/15/2024 as to #20 Report and Recommendations. (slo) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 21 REPORT AND RECOMMENDATIONS re #19 Amended Complaint filed by Brian Kopatz. Signed by Magistrate Judge James Boone Baxter on 2/5/2024. (slo) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 20 REPORT AND RECOMMENDATIONS re #17 MOTION for Preliminary Injunction filed by Brian Kopatz. Signed by Magistrate Judge James Boone Baxter on 1/31/2024. (slo) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 19 AMENDED COMPLAINT against Greg Abbott, Bryan Collier, Brandy Curl, Debra Gloor, John Doe, UCC-Telford Unit, John Doe, UTMB-Telford Unit, Lanette Linthicum, John Doe UCC-Connally Unit filed by Brian Kopatz. (Attachments: #1 Envelope)(slo) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 18 Supplement to #17 MOTION for Preliminary Injunction by Brian Kopatz (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Envelope)(slo) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 17 MOTION for Preliminary Injunction by Brian Kopatz. (Attachments: #1 Proposed Order, #2 Envelope)(psm) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 16 MOTION for Copies by Brian Kopatz. (Attachments: #1 Envelope)(slo) [Transferred from Texas Eastern on 4/12/2024.] |
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Filing 15
ORDER The Plaintiff Brian Kopatz has filed three motions for extension of time, seeking additional time in which to file his amended complaint and his certified in forma pauperis data sheet. These documents have now been filed. It is accordingly ORDERED that the Plaintiff's motions for extension of time (Dkt. Nos. #6 , #7 , and #10 ) are GRANTED. The Plaintiff's in forma pauperis data sheet and amended complaint (Dkt. Nos. #8 and #11 ) shall be considered as timely filed. Signed by Magistrate Judge James Boone Baxter on 8/3/2023. (psm) [Transferred from Texas Eastern on 4/12/2024.]
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| Filing 14 NOTICE by Brian Kopatz re REQUEST FOR STATUS OF RULING on #13 MOTION TRANSFER VENUE, #12 MOTION to Amend/Correct #11 Amended Complaint (Attachments: #1 Envelope)(slo) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 13 MOTION TO TRANSFER VENUE by Brian Kopatz. (Attachments: #1 Envelope)(psm) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 12 MOTION to Amend/Correct #11 Amended Complaint by Brian Kopatz. (Attachments: #1 Envelope)(psm) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 11 AMENDED COMPLAINT against Brandy Curl, John Doe, UCC-Telford Unit, John Doe, UTMB-Telford Unit, TDCJ Director, Greg Abbott, John Doe UCC-Connally Unit, filed by Brian Kopatz. (Attachments: #1 Envelope)(psm) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 10 MOTION for Extension of Time to File by Brian Kopatz. (Attachments: #1 Envelope)(psm) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 8 RESPONSE to #3 Order filed by Brian Kopatz (TRUST FUND DATA SHEET) (Attachments: #1 Cover letter, #2 Envelope(s))(slo, ) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 7 MOTION for Extension of Time to File Amended Complaint and Certified Inmate Account Sheet due to lockdown. by Brian Kopatz. (Attachments: #1 Envelope(s))(slo, ) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 6 MOTION for Extension of Time to File Amended Complaint and to Obtain Trust Fund Data Sheet by Brian Kopatz. (Attachments: #1 Envelope(s))(slo, ) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 5 ACKNOWLEDGMENT OF RECEIPT by Brian Kopatz on 12/28/2022 as to #4 Order; #3 Order. (slo, ) [Transferred from Texas Eastern on 4/12/2024.] |
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Filing 4
ORDER The Court has examined the pleadings submitted by the Plaintiff and has determined these pleadings do not set out a short and plain statement of the claim giving fair notice of the nature of the plaintiff's claims or of the grounds upon which they rest. It is accordingly ORDERED that the Plaintiff shall have 30 days from the date of receipt of this order in which present a short and plain statement setting forth the Plaintiff's claims, on a standard 1983 lawsuit form and written in a legible manner and no more than 30 pages in length. Signed by Magistrate Judge James Boone Baxter on 12/22/2022. (psm) [Transferred from Texas Eastern on 4/12/2024.]
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Filing 3
ORDER It is accordingly ORDERED the Plaintiff shall have 30 days from the date of receipt of this order in which to either: (1) pay the statutory $402.00 filing fee, which is the fee for persons not granted in forma pauperis status, or (2) furnish a properly certified in forma pauperis data sheet or inmate account summary sheet, which may be obtained from an authorized officer in the law library at the institution where he is confined. He need not submit another in forma pauperis application form, but only the data sheet. Signed by Magistrate Judge James Boone Baxter on 12/22/2022. (psm) [Transferred from Texas Eastern on 4/12/2024.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Brian Kopatz. (Attachments: #1 Envelope(s))(slo, ) [Transferred from Texas Eastern on 4/12/2024.] |
| Filing 1 COMPLAINT against Brandy Curl, John Doe, UCC-Telford Unit, John Doe, UTMB-Telford Unit, TDCJ Director filed by Brian Kopatz. (Attachments: #1 Envelope(s))(slo, ) [Transferred from Texas Eastern on 4/12/2024.] |
| Sent Consent to Magistrate, Docket sheet and Prose guidelines, that include information regarding reporting change of address to court, to the Plaintiff per Magistrate Judge (slo, ) [Transferred from Texas Eastern on 4/12/2024.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (slo, ) [Transferred from Texas Eastern on 4/12/2024.] |
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STANDING ORDER REFERRING PRISONER CIVIL RIGHTS CASES to Magistrate Judge James Boone Baxter for all pretrial matters. Signed by District Judge Robert W. Schroeder, III on 12/16/2022. (slo, ) [Transferred from Texas Eastern on 4/12/2024.]
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