Cobarobio v. McCraw, et al
| Cobarobio and Joe Luis Cobarobio |
| McCraw, Steven McCraw, Ruben Garcia, Juan Spivey, Chad Matlock, Harry Goodman, Ramiro Garza, John Doe 1, Carol Mathis, Brenda Lewis, Lieutenant Goll, Employee and Dewayne Goll |
| 7:2015cv00037 |
| March 23, 2015 |
| US District Court for the Western District of Texas |
| Midland Office |
| Robert A Junell |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on January 8, 2016. A more recent docket listing may be available from PACER.
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Filing 58
ORDER DENYING #57 Motion to Remand to State Court Signed by Judge Robert A. Junell. (lg1)
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| Filing 57 MOTION to Remand Case for Lack of Subject-Matter Jurisdiction by Joe Luis Cobarobio. (Attachments: #1 Envelope)(lg1) |
| Filing 56 FINAL JUDGMENT in favor of Defendant against Plaintiff.. Signed by Judge Robert A. Junell. (lg1) |
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Filing 55
NUNC PRO TUNC ORDER re #53 Order Adopting/Rejecting Report and Recommendations. Signed by Judge Robert A. Junell. (lg1)
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| Filing 54 FINAL JUDGMENT in favor of Defendant against Plaintiff.. Signed by Judge Robert A. Junell. (lg1) |
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Filing 53
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #47 Report and Recommendations,. Signed by Judge Robert A. Junell. (lg1)
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| Filing 52 OBJECTION to #47 Report and Recommendations by Joe Luis Cobarobio.. (Attachments: #1 Exhibit, #2 Envelope)(sm) |
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Filing 51
ORDER GRANTING #49 Motion for Extension of Time to File Response/Replyto 9/4/15. No additional time will be granted and the Objections must arrive and be docketed no later than September 8, 2015, to be considered timely filed. Signed by Judge Robert A. Junell. (sm)
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| Filing 50 MOTION for Hearing to Provide Questionnaires for IFP claim by Joe Luis Cobarobio. (Attachments: #1 Envelope)(sm) |
| Filing 49 MOTION for Extension of Time to File Objections as to #47 Report and Recommendations,,, by Joe Luis Cobarobio. (Attachments: #1 Envelope)(lg1) |
| Filing 48 Certified mail acknowledgment receipt for magistrate report and recommendations re #47 Report and Recommendations, as to Joe Luis Cobarobio. (sm) |
| Filing 47 REPORT AND RECOMMENDATIONS re #5 Complaint filed by Joe Luis Cobarobio. Regarding Plaintiffs remaining claims for malicious prosecution, retaliation, unlawful seizure, deprivation of due process, false arrest, excessive force, failure to intervene, and respondeat superior liability, which are precluded under the doctrine of Heck v. Humphrey, the Magistrate Judge recommends that these claims be DISMISSED WITHOUT PREJUDICE for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A. Because all federal claims should be dismissed, the Magistrate Judge recommends that the Court decline to exercise supplemental jurisdiction over Plaintiffs state law claims. The Magistrate Judge further recommends that any pending motions be DENIED as moot. Finally, the Magistrate Judge recommends that this dismissal count as a STRIKE under the Prisoner Litigation Reform Act. (CM 7013 1710 0001 7937 2106). Signed by Judge David Counts. (sm) |
| CASE NO LONGER REFERRED to Magistrate Judge David Counts. (sm) |
| Filing 46 WAIVER OF SERVICE Returned Executed by Juan Spivey (Molinare, Shanna) (Main Document 46 replaced on 7/15/2015) (sm). |
| Filing 45 WAIVER OF SERVICE Returned Executed by Steven McCraw (Molinare, Shanna) (Main Document 45 replaced on 7/15/2015) (sm). |
| Filing 44 WAIVER OF SERVICE Returned Executed by Chad Matlock (Molinare, Shanna) (Main Document 44 replaced on 7/15/2015) (sm). |
| Filing 43 WAIVER OF SERVICE Returned Executed by Carol Mathis (Molinare, Shanna) (Main Document 43 replaced on 7/15/2015) (sm). |
| Filing 42 WAIVER OF SERVICE Returned Executed by Brenda Lewis (Molinare, Shanna) (Main Document 42 replaced on 7/15/2015) (sm). |
| Filing 41 WAIVER OF SERVICE Returned Executed by Dewayne Goll as to Dewayne Goll. Waiver sent on 4/20/2015, answer due 6/19/2015. (Molinare, Shanna) (Main Document 41 replaced on 7/15/2015) (sm). |
| Filing 40 WAIVER OF SERVICE Returned Executed by Harry Goodman (Molinare, Shanna) (Main Document 40 replaced on 7/15/2015) (sm). |
| Filing 39 WAIVER OF SERVICE Returned Executed by Ramiro Garza (Molinare, Shanna) (Main Document 39 replaced on 7/15/2015) (sm). |
| Filing 38 WAIVER OF SERVICE Returned Executed by Ruben Garcia (Molinare, Shanna) (Main Document 38 replaced on 7/15/2015) (sm). |
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Filing 37
ORDER WITHDRAWING ORDER FOR SERVICE AND ADVISORY re #6 Order Answer Deadline. This Court now issues an order withdrawing its previously issued Order of Service and Advisory, docket number 6, as it was issued prematurely. Defendants do not have to answer the Complaint filed by Plaintiff at this time.. Signed by Judge Robert A. Junell. (sm)
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Filing 36
ORDER REFERRING CASE to Magistrate Judge David Counts. Signed by Judge Robert A. Junell. (sm)
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| Filing 35 MOTION for Entry of Default against Steven McCraw, Ruben Garcia, Chag Matlock, Juan Spivey, Harry Goodman, Ramior Garza, John Doe #1, Carol Mathis, Brend Lewis, Lieutenant Goll, DPS Employee, MOTION for Default Judgment against Steven McCraw, Ruben Garcia, Chag Matlock, Juan Spivey, Harry Goodman, Ramior Garza, John Doe #1, Carol Mathis, Brend Lewis, Lieutenant Goll, DPS Employee by Joe Luis Cobarobio. (Attachments: #1 Envelope)(sm) |
| Filing 34 Acknowledgment of Service returned by Chad Matlock, Brenda Lewis, Ruben Garcia, Harry Goodman, John Doe 1, Steven McCraw, Lieutenant Goll, Ramiro Garza, Employee, Carol Mathis, Juan Spivey. All Defendants. (se) |
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Filing 33
CORRECTED ORDER Directing Monthly Payments be made from Prison Account of Joe Luis Cobarobio. It is therefore ORDERED that Plaintiffs Application for Leave to Proceed In Forma Pauperis is GRANTED. It is further ORDERED that JOE LUIS COBAROBIO, TDCJ # 1867973, is assessed an initial partial filing fee of $50 (fifty dollars). The agency having custody of the Plaintiff shall collect this amount from the trust fund account or institutional equivalent, when funds areavailable, and forward it to the clerk of the district court. Thereafter, the Plaintiff shall pay $300 (three hundred dollars), the balance of the filing fees, in periodic installments. The Plaintiff is required to make payments of 20% of the preceding month's income credited to Plaintifrs prison account until Plaintiff has paid the total filing fee of $350.00 (three hundred fifty dollars). The agency having custody of Plaintiff shall collect this amount from the trust fund account or institutional equivalent, when funds are available and when permitted by 28 U.S.C. 1915(b)(2), and forward it to the district court clerk.. Signed by Judge Robert A. Junell. (sm)
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| Filing 32 RESPONSE OF THE TEXAS DEPARTMENT OF CORRECTIONS to #4 Order Directing Prisoner Payment - TDCJ. (Attachments: #1 Order, #2 Envelope, #3 Envelop)(sm) |
| Filing 31 Acknowledgment of Service returned by Gloria Chandler served on 4/10/2015. (sm) |
| Filing 30 Acknowledgment of Service returned by Joe Luis Cobarobio served on 4/3/2015 on Authorization and Consent. (sm) |
| Filing 29 Authorization and Consent to Deduct from TDCJ Trust Fund Account (Attachments: #1 Envelope) (sm) |
| Filing 28 Summons Reissued as to Employee. (sm) |
| Filing 27 Summons Reissued as to Lieutenant Goll. (sm) |
| Filing 26 Summons Reissued as to Brenda Lewis. (sm) |
| Filing 25 Summons Reissued as to Carol Mathis. (sm) |
| Filing 24 Summons Reissued as to John Doe 1. (sm) |
| Filing 23 Summons Reissued as to Ramiro Garza. (sm) |
| Filing 22 Summons Reissued as to Harry Goodman. (sm) |
| Filing 21 Summons Reissued as to Chad Matlock. (sm) |
| Filing 20 Summons Reissued as to Juan Spivey. (sm) |
| Filing 19 Summons Reissued as to Ruben Garcia. (sm) |
| Filing 18 Summons Reissued as to Steven McCraw. (sm) |
| On April 7, 2015, summons in this case was issued to the Texas Attorney General's Office, Law Enforcement Defense Department, with attention to Gloria Chandler or Elizabeth Mejia. On April 13, 2015, Ms. Chandler called and stated that since there was no waiver for them to accept service, they would not be answering for the Texas Department of Public Safety defendants. After speaking with Pro Se Law Clerk, Terri Marroquin, summons will be reissued to the Texas Department of Public Safety to answer for their defendants. Summons will be sent by Certified Mail 7013 1710 0001 7937 4377. (sm) |
| Filing 17 Summons Issued as to Employee. (sm) |
| Filing 16 Summons Issued as to Lieutenant Goll. (sm) |
| Filing 15 Summons Issued as to Brenda Lewis. (sm) |
| Filing 14 Summons Issued as to Carol Mathis. (sm) |
| Filing 13 Summons Issued as to John Doe 1. (sm) |
| Filing 12 Summons Issued as to Ramiro Garza. (sm) |
| Filing 11 Summons Issued as to Harry Goodman. (sm) |
| Filing 10 Summons Issued as to Chad Matlock. (sm) |
| Filing 9 Summons Issued as to Juan Spivey. (sm) |
| Filing 8 Summons Issued as to Ruben Garcia. (sm) |
| Filing 7 Summons Issued as to Steven McCraw. (sm) |
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Filing 6
ORDER re #5 Complaint filed by Joe Luis Cobarobio, John Doe 1 answer due 5/18/2015; Employee answer due 5/18/2015; Ruben Garcia answer due 5/18/2015; Ramiro Garza answer due 5/18/2015; Harry Goodman answer due 5/18/2015; Brenda Lewis answer due 5/18/2015; Lieutenant Goll answer due 5/18/2015; Carol Mathis answer due 5/18/2015; Chad Matlock answer due 5/18/2015; Steven McCraw answer due 5/18/2015. (Complaint and Summons being forwarded by certified mail 7013 1710 0001 7937 4360 and by email to Gloria Chandler nd Elizabeth Mejia). Signed by Judge Robert A. Junell. (sm)
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| Filing 5 COMPLAINT (No Filing fee received.), filed by Joe Luis Cobarobio. (Attachments: #1 Exhibit Multiple)(sm) |
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Filing 4
ORDER Directing Monthly Payments be made from Prison Account of Joe Luis Cobarobio. Plaintiff does have the funds to make an initial partial filing fee.It is therefore ORDERED that Plaintiffs Application for Leave to Proceed In Forma Pauperis is GRANTED. It is further ORDERED that JOE LUIS COBAROBIO, is assessed an initial partial filing fee of $50.00 (fifty dollars). It is further ORDERED that the Clerk shall mail a copy of this Order to TDCJ - Office of the General Counsel, P.O. Box 13084, Austin, Texas 78711, and the TDCJ Local Funds Division, P.O. Box 629, Huntsville, Texas 77342-0629.. Signed by Judge Robert A. Junell. (sm)
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| Filing 3 Letter/Correspondence to Plaintiff regarding procedures and responsibilities. (sm) |
| Filing 2 NOTICE of Filing Motion to Proceed IFP with attached Complaint by Joe Luis Cobarobio (Attachments: #1 Letter, #2 Envelope)(sm) |
| Filing 1 MOTION to Proceed in forma pauperis by Joe Luis Cobarobio. (Attachments: #1 Complaint, #2 Exhibit to Complaint, #3 Envelope)(sm) |
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