Lu v. Reyes et al
| Yan-Xu Lu |
| Sean D. Reyes, Kyle J Kaiser, J Clifford Petersen, David Jones, Krista L Pickens, Taylor R Randall, Lori McDonald, Ryan Randll, Chalimar Swain, Donn Schaefer, Miguel Chuaqui, Mike Cottle, Robert Baldwin, Michael Goodrich and Charles Piele |
| 2:2024cv00029 |
| January 12, 2024 |
| US District Court for the District of Utah |
| Jared C Bennett |
| Howard C Nielson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 6, 2024. A more recent docket listing may be available from PACER.
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| Filing 22 REPORT AND RECOMMENDATION: The court HEREBY RECOMMENDS that this action be DISMISSED WITH PREJUDICE. Copies of this Report and Recommendation are being sent to all parties, who are hereby notified of their right to object. The parties must file any objections to this Report and Recommendation within 14 days after being served with a copy of it. Failure to object may constitute waiver of objections upon subsequent review. Signed by Magistrate Judge Jared C. Bennett on 3/6/24. (dle) |
| Filing 21 NOTICE of Email Filing and Notification Form by Yan-Xu Lu (alt) |
Filing 20
ORDER denying #7 Motion for Permitting Uploading Court Documents Electronically. Signed by Magistrate Judge Jared C. Bennett on 2/14/24. (Attachments: #1 Exhibit Email Filing and Electronic Notification Form) (dle)
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Filing 19
ORDER denying without prejudice #6 Motion to Approve Summon Delivery by the U.S. Marshals Service. Signed by Magistrate Judge Jared C. Bennett on 2/14/24. (dle)
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Filing 18
ORDER denying #5 Motion to Appoint Counsel. Signed by Magistrate Judge Jared C. Bennett on 2/14/24. (dle)
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Filing 17
ORDER granting #4 Motion for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED: 1. The court will screen this case under 28 U.S.C. 1915(e)(2) and DUCivR 3-2(b). 2. The time to serve the complaint is tolled until further order of the court. 3. If this case is allowed to proceed, the court will order service of process on Defendant(s). 4. Plaintiff must not file any motions or other documents during the time this case is screened or until the court orders otherwise. However, Plaintiff may file court forms (e.g., the email filing and electronic notification form for unrepresented parties and the consent to jurisdiction of a Magistrate Judge form). Signed by Magistrate Judge Jared C. Bennett on 02/13/2024. (sg)
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Filing 16
ORDER denying as moot #10 Motion to Quash Case Transferring. Signed by Magistrate Judge Jared C. Bennett on 2/9/24. (dle)
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Filing 15
ORDER REFERRING MOTIONS #4 MOTION for Leave to Proceed in forma pauperis filed by Yan-Xu Lu, #10 First MOTION to Quash Case Transfering filed by Yan-Xu Lu, #7 MOTION for Premitting Uploading Court Documents Electronically filed by Yan-Xu Lu, #5 MOTION to Appoint Counsel filed by Yan-Xu Lu, #6 MOTION Approve Summon Delivery by the U.S. Marshals Service filed by Yan-Xu Lu. Motions referred to Jared C. Bennett. Signed by Judge Howard C. Nielson, Jr., on 2/7/2024. (mlp)
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| Filing 14 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge Howard C. Nielson, Jr and Magistrate Judge Jared C. Bennett. Magistrate Judge is automatically referred under 28 U.S.C. 636(b)(1)(B). Magistrate Judge Jared C. Bennett no longer assigned as the presiding judge to the case. (mh) |
| Filing 13 NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Plaintiff Yan-Xu Lu. Form due by 2/2/2024. (mh) |
| Filing 12 Case transferred in from USDC of Texas Northern; Case Number 3:23-cv-02721. Original file, certified copy of transfer order and docket sheet received. USDC District of Utah case number 2:24-cv-00029-JCB assigned to Magistrate Judge Jared C. Bennett. |
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Filing 11
Order Transferring to Another District: Plaintiff's objections are therefore OVERRULED, Judge Horan's December 14 order is AFFIRMED, and the Court ORDERS that this case be TRANSFERRED to the Northern Division of the District of Utah without delay. (Ordered by Judge Jane J Boyle on 1/11/2024) (ykp) [Transferred from Texas Northern on 1/12/2024.]
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| Filing 10 First MOTION to Quash Case Transfering filed by Yan-Xu Lu (Lu, Yan-Xu) [Transferred from Texas Northern on 1/12/2024.] |
| Filing 9 OBJECTION filed by Yan-Xu Lu re: #8 Order Transferring to Another District. Modified text on 12/26/2023 (agc). [Transferred from Texas Northern on 1/12/2024.] |
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Filing 8
ORDER TRANSFERRING CASE: Under Section 1391(b) and the undersigned's authority granted by Rule 2(a)(3) of the Courts Miscellaneous Order No. 6, this action will be transferred to the Northern Division of the District of Utah, in which lies Utah's capital, Salt Lake City, also home to the University of Utah, see 28 U.S.C. 125(1), on January 4, 2024 to allow any party to file an objection to Judge Boyle within 14 days after being served with a copy of this order, see FED. R. CIV. P. 72(a). (Ordered by Magistrate Judge David L. Horan on 12/14/2023) (mcrd) [Transferred from Texas Northern on 1/12/2024.]
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| Filing 7 MOTION for Permitting Uploading Court Documents Electronically filed by Yan-Xu Lu. (kcr) [Transferred from Texas Northern on 1/12/2024.] |
| Filing 6 MOTION to Approve Summon Delivery by the U.S. Marshals Service filed by Yan-Xu Lu. (kcr) [Transferred from Texas Northern on 1/12/2024.] |
| Filing 5 MOTION to Appoint Counsel filed by Yan-Xu Lu. (kcr) [Transferred from Texas Northern on 1/12/2024.] |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Yan-Xu Lu. (kcr) [Transferred from Texas Northern on 1/12/2024.] |
| Filing 3 COMPLAINT WITH JURY DEMAND against Robert Baldwin, Miguel Chuaqui, Mike Cottle, Michael Goodrich, David Jones, Kyle J Kaiser, Lori McDonald, J Clifford Petersen, Krista L Pickens, Charles Piele, Taylor R Randall, Ryan Randll, Sean D Reyes, Donn Schaefer, Chalimar Swain filed by Yan-Xu Lu. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (kcr) (Additional attachment(s) added on 12/11/2023: #1 Exhibit(s) Exhibits 1-11, #2 Exhibit(s) Exhibits 12-16) (kcr). [Transferred from Texas Northern on 1/12/2024.] |
| Filing 2 Notice and Instruction to Pro Se Party. (kcr) [Transferred from Texas Northern on 1/12/2024.] |
| Filing 1 New Case Notes: A filing fee has not been paid. SCREEN case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Initiating documents received by mail. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (kcr) [Transferred from Texas Northern on 1/12/2024.] |
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