Stallings v. Chavez et al
Plaintiff: James Edward Stallings, Jr
Defendant: City of Waco, Manuel Chavez, John or Jane Doe 1-10, Jane or John Doe 11-20 and County of McLennan, Texas
Case Number: 6:2017cv00123
Filed: May 15, 2017
Court: US District Court for the Western District of Texas
Office: Waco Office
Presiding Judge: Alan D Albright
Referring Judge: Jeffrey C Manske
2 Judge: Robert Pitman
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2020 Opinion or Order Text Order GRANTING #33 Motion to Withdraw as Attorney entered by Judge Alan D Albright. Came on for consideration is Plaintiff's Motion to Allow Michael J. Crawford (Mr. Crawford) to Withdraw As Counsel. Noting that it is unopposed, the Court GRANTS the motion. It is therefore ORDERED that Mr. Crawford is hereby withdrawn as counsel of record for Plaintiff. It is further ORDERED that the docket be amended to reflect that Mr. Crawford has withdrawn as counsel for Plaintiff and that he no longer needs to be noticed of any pleadings, motions, or other documents filed or served in this case.(This is a text-only entry generated by the court. There is no document associated with this entry.) (hs)
September 21, 2020 Filing 36 Certified copy of USCA JUDGMENT/MANDATE Dismissing Appeal Record Accepted and Available Electronically, #32 Notice of Appeal (E-Filed) filed by James Edward Stallings, Jr. Under 5TH Cir. R. 42.3, the appeal is dismissed as of September 21, 2020, for want of prosecution. The appellant failed to timely comply with court's notice of August 12, 2020. (am).
July 10, 2020 Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re Notice of Appeal. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions #here (lad)
July 7, 2020 Certified and Transmitted Record on Appeal to US Court of Appeals re Notice of Appeal (lad)
June 19, 2020 Filing 35 TRANSCRIPT REQUEST - Transcript Request is unnecessary for appeal purposes by James Edward Stallings, Jr (am)
June 2, 2020 Filing 34 SUGGESTION OF DEATH as to Manuel Chavez, City of Waco . (Attachments: #1 Exhibit Exhibit A)(Dixon, Michael)
June 1, 2020 Filing 33 MOTION to Withdraw as Attorney by James Edward Stallings, Jr. (Attachments: #1 Proposed Order)(Crawford, Michael)
May 28, 2020 NOTICE OF APPEAL following #32 Notice of Appeal (E-Filed) by James Edward Stallings, Jr. 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. (am)
May 28, 2020 Filing 32 Appeal of Final Judgment #31 , #30 by James Edward Stallings, Jr. ( Filing fee $ 505 receipt number 0542-13611816) (Crawford, Michael)
May 19, 2020 Opinion or Order Filing 31 FINAL JUDGMENT. IT IS ORDERED that Defendants Motions to Dismiss are GRANTED. IT IS FURTHER ORDERED that any and all motions not previously ruled upon by the Court are DENIED as moot. IT IS FURTHER ORDERED that any relief not specifically granted in this judgment is DENIED. Signed by Judge Alan D Albright. (am)
May 19, 2020 Opinion or Order Filing 30 ORDER GRANTING #20 Motion to Dismiss. Terminated party Manuel Chavez and City of Waco.; GRANTING #21 Motion to Dismiss. Terminated party Manuel Chavez and City of Waco. Signed by Judge Alan D Albright. (am)
May 18, 2020 Filing 29 RESPONSE in Support, filed by Manuel Chavez, City of Waco, re #21 MOTION to Dismiss filed by Defendant Manuel Chavez, Defendant City of Waco (Dixon, Michael)
May 12, 2020 Filing 28 RESPONSE /Reply to #26 Response to Order to Show Cause by County of McLennan, Texas. (Henninger, Stephen)
May 11, 2020 Filing 27 RESPONSE to Motion, filed by James Edward Stallings, Jr, re #21 MOTION to Dismiss filed by Defendant Manuel Chavez, Defendant City of Waco, #20 Second MOTION to Dismiss filed by Defendant County of McLennan, Texas (Crawford, Michael)
May 11, 2020 Filing 26 RESPONSE to #25 Order to Show Cause by James Edward Stallings, Jr. (Crawford, Michael)
May 5, 2020 Opinion or Order Filing 25 ORDER TO SHOW CAUSE as to James Edward Stallings, Jr. Show Cause Response due by 5/12/2020. Signed by Judge Alan D Albright. (lad)
May 5, 2020 Opinion or Order Filing 24 ORDER GRANTING #23 Motion to Withdraw as Attorney. Chad Morgan is withdrawn from case and Michael Crawford shall continue as lead attorney for Plaintiff Stallings. Signed by Judge Alan D Albright. (lad)
May 4, 2020 Filing 23 MOTION to Withdraw as Attorney for James Stallings by James Edward Stallings, Jr. (Attachments: #1 Proposed Order)(Morgan, Chad)
March 24, 2020 Filing 22 STANDING ORDER from U.S. District Judge Alan D. Albright regarding scheduled civil hearings. (tada)
March 28, 2019 Filing 21 MOTION to Dismiss by Manuel Chavez, City of Waco. (Attachments: #1 Proposed Order Proposed Order)(Olson, Charles)
March 26, 2019 Filing 20 Second MOTION to Dismiss by County of McLennan, Texas. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (part 1), #4 Exhibit 3 (part 2), #5 Exhibit 3 (part 3), #6 Exhibit 3 (part 4), #7 Exhibit 3 (part 5), #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Proposed Order)(Brandt, Thomas)
March 19, 2019 Opinion or Order Filing 19 ORDERED that the deadline for Plaintiffs' Response to Defendants' Motions to Dismiss on the unindicted Plaintiffs, and the Defendants' Motions to Dismiss on the indicted but indictments dismiss Plaintiffs is EXTENDED until March 28, 2019. Signed by Judge Alan D Albright. (tb)
December 3, 2018 Opinion or Order Filing 18 ORDER regarding lifting of stay. Having learned that the majority of criminal cases filed against Plaintiffs have been resolved, the Court hereby lifts the stays in the cases listed below: 1. l:16-cv-S71 1 2. l:17-cv-426 3, 1:16-cv-648 4. 1:16-cv-599 5. l:17-cv-235 6. l:l6-cv-1195 7. 1:17-cv-219 8. l:17-cv-478 9. l:l7cv-372 10. l:15-cv-1040 11. l:15-cv-1041 12. l:15-cv-1042 13. 1:15-cv-1043 14.1:15-cv-1044 15. 1:l5cv-l045 16. l:16-cv-575 17. l:17-cv-448 18, l:17-cv-453 19. l:17-cv-457 20. 1:17-cv-471 21. 1:17-cv-474 22. l:17-cv-479 23. l:17-ev-480 24. 1:17-cv459 25. l:17-cv-2l7 26. l:16-cv-1153 27. 1:17-cv-468 28. l:16-cv-1154 29.l:l7-cv-470 30. l:17-cv-469 31.6:17-cv-123. Signed by Judge Alan D Albright. (jgb)
November 30, 2018 Filing 17 Minute Entry for proceedings held before Judge Alan D Albright: Status Conference held on 11/30/2018. (Minute entry documents are not available electronically.). Parties discussed lifting the stay off of cases that do not have any pending criminal action. Also discussion regarding lifting stay off of discovery regarding the restaurant portion of the case. Discussion regarding whether hearing will be held in Waco or Austin. The Court anticipates that the hearing in the Twin Peak matters will be held in Austin for now. (Court Reporter Kristie Davis.)(jgb)
September 20, 2018 Opinion or Order Filing 16 ORDER REASSIGNING CASE. Case reassigned to Judge Alan D Albright for all proceedings. Judge Robert Pitman no longer assigned to case. Signed by Judge Robert Pitman. (jk)
June 14, 2018 Filing 15 STATUS REPORT by James Edward Stallings, Jr. (Crawford, Michael)
March 28, 2018 Filing 14 STATUS REPORT by James Edward Stallings, Jr. (Crawford, Michael)
March 27, 2018 Opinion or Order Filing 13 ORDER regarding Status Updates. The Court ORDERS Plaintiff to file a status update by April 3, 2018 and then proceed to file updates, as necessary, every sixty (60) days following the April 3 update. Signed by Judge Robert Pitman. (jgb)
February 6, 2018 Filing 12 NOTICE of Attorney Appearance by Michael J. Crawford on behalf of James Edward Stallings, Jr. Attorney Michael J. Crawford added to party James Edward Stallings, Jr(pty:pla) (Crawford, Michael)
October 27, 2017 Filing 11 DEFICIENCY NOTICE: re #10 Notice (Other) (jgb)
October 27, 2017 Filing 10 NOTICE of Status of Criminal Case by James Edward Stallings, Jr (Morgan, Chad)
August 11, 2017 Opinion or Order Filing 9 ORDER ADOPTING REPORT AND RECOMMENDATIONS for #8 Report and Recommendations,, Case No Longer Referred to Magistrate Judge, GRANTING #4 Motion to Stay Case, filed by County of McLennan, Texas, Manuel Chavez, City of Waco, DENYING AS MOOT #5 Motion to Dismiss filed by Manuel Chavez, City of Waco, DENYING AS MOOT #7 Motion to Dismiss for Failure to State a Claim filed by County of McLennan, Texas. Signed by Judge Robert Pitman. (jgb)
July 24, 2017 Filing 8 REPORT AND RECOMMENDATIONS re #7 Motion to Dismiss for Failure to State a Claim filed by County of McLennan, Texas, #4 Motion to Stay Case, filed by County of McLennan, Texas, Manuel Chavez, City of Waco, #5 Motion to Dismiss filed by Manuel Chavez, City of Waco. CASE NO LONGER REFERRED to Magistrate Judge Jeffrey C. Manske. Signed by Judge Jeffrey C. Manske. (jgb)
June 23, 2017 Filing 7 Motion to Dismiss for Failure to State a Claim by County of McLennan, Texas. (Attachments: #1 Exhibit A)(Henninger, Stephen)
June 6, 2017 Set/Reset Deadlines: County of McLennan, Texas answer due 6/26/2017. (jgb)
June 6, 2017 Filing 6 Unopposed MOTION for Extension of Time to File Response to Complaint by County of McLennan, Texas. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Henninger, Stephen)
June 6, 2017 Opinion or Order Text Order GRANTING #6 Defendant McLennan County's Motion for Extension of Time to File entered by Judge Jeffrey C. Manske. Defendant McLennan County has until June 26, 2017, to respond to Plaintiffs Complaint and Jury Demand.(This is a text-only entry generated by the court. There is no document associated with this entry.) (JCM)
May 25, 2017 Filing 5 Defendants' MOTION to Dismiss by Manuel Chavez, City of Waco. (Attachments: #1 Exhibit Exhibit D-1, #2 Proposed Order Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Dixon, Michael) Modified on 6/6/2017 (jgb).
May 25, 2017 Filing 4 Defendants' MOTION to Stay Case by Manuel Chavez, City of Waco, County of McLennan, Texas. (Attachments: #1 Exhibit Exhibit D-1, #2 Proposed Order Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Dixon, Michael) Modified on 6/6/2017 (jgb).
May 16, 2017 Filing 3 Summons Issued as to Manuel Chavez, City of Waco and County of McLennan, Texas. (jgb)
May 16, 2017 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by James Edward Stallings, Jr. (Morgan, Chad)
May 15, 2017 Filing 1 COMPLAINT 6:17-CV-00123 ( Filing fee $ 400 receipt number 0542-9587488), filed by James Edward Stallings, Jr. (Attachments: #1 Exhibit Attachment "A", #2 Civil Cover Sheet)(Morgan, Chad)
May 15, 2017 Case Assigned to Judge Robert Pitman. 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. (jgb)
May 15, 2017 CASE REFERRED to Magistrate Judge Jeffrey C. Manske. (jgb)

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Defendant: City of Waco
Represented By: Michael W. Dixon
Represented By: Charles D. Olson
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Defendant: Manuel Chavez
Represented By: Michael W. Dixon
Represented By: Charles D. Olson
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Defendant: John or Jane Doe 1-10
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Defendant: Jane or John Doe 11-20
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Defendant: County of McLennan, Texas
Represented By: Stephen D Henninger
Represented By: Thomas Phillip Brandt
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Plaintiff: James Edward Stallings, Jr
Represented By: Chad Morgan
Represented By: Michael J. Crawford
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