Gomez v. Marsh et al
| Santos Gomez |
| Jessica Marsh, Joshua Castro, Kara Gougler, Karon Gonzales, Management & Training Corporation, Henery Antencio, Wayne Schmoker, James Winckler, Stetson Fisher and Sergeant Michael Arnivas |
| 5:2023cv00059 |
| March 22, 2023 |
| U.S. District Court for the Northern District of Texas |
| Sam R Cummings |
| Prisoner Pet/Other: Civil Detainee-Conditions of Confinement |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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Filing 21
ORDER OF TRANSFER. Case reassigned to Senior Judge Sam R. Cummings for all further proceedings. Magistrate Judge D. Gordon Bryant, Jr. no longer assigned to case. The case shall hereinafter be designated as Civil Action Number 5:23-CV-059-C. (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 5/16/2023) (krr)
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Filing 20
REPORT AND RECOMMENDATION: After reviewing Gomez's request and supplemental documentation (ECF Nos. #2 , #16 , #18 ), the undersigned recommends that the district judge deny the application to proceed IFP and dismiss this action without prejudice. See ECF No. #2 . A copy of this Report and Recommendation shall be served on all parties in the manner provided by law. Any party who objects to any part of this Report and Recommendation must file specific written objections within fourteen days after being served with a copy. (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 5/16/2023) (krr) (Main Document 20 replaced with a text searchable doc on 5/17/2023) (ali).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:21. Tue May 16 14:39:16 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Tue May 16 14:35:32 CDT 2023 (crt) |
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Filing 19
ORDER denying as moot ECF No. #17 Motion. The Court will rule on Gomez's pending IFP request by separate order. (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 5/5/2023) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:19. Fri May 5 11:38:11 CDT 2023 (crt) |
| Filing 18 PLAINTIFF'S SECOND ADVISORY TO THE COURT RE: #2 MOTION to Proceed in forma pauperis, filed by Santos Gomez. (krr) |
| Filing 17 PLAINTIFF'S ADVISORY TO THE COURT filed by Santos Gomez. (krr) |
| Filing 16 Plaintiff's Response To Court's #11 Order and Notice of Deficiency filed by Santos Gomez (lkw) |
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Filing 15
ORDER: Gomez has not shown that the transfer from the Western District of Texas was manifestly erroneous or that compelling and unusual circumstances warrant re-transfer. Accordingly, the motion is DENIED. ECF No. 12. SO ORDERED. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 4/7/2023) (lkw)
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Filing 14
ORDER granting in part #13 Motion to Extend Time to File Response. Gomez must comply with the Court's March 27 order on or before April 24, 2023. No further extensions will be granted without a demonstration of good cause. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 4/7/2023) (bdg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Fri Apr 7 15:31:28 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Fri Apr 7 09:46:53 CDT 2023 (crt) |
| Filing 13 MOTION FOR EXTENSION OF TIME to File Response to #11 ORDER AND NOTICE OF DEFICIENCY, filed by Santos Gomez. (krr) |
| Filing 12 MOTION to Transfer Case out of District/Division filed by Santos Gomez. (krr) |
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Filing 11
ORDER AND NOTICE OF DEFICIENCY: It is therefore ORDERED that Plaintiff shall, within fourteen (14) days from the date of this Order, provide the following information: 1. Copy of resident trust account statement for the one (1) year preceding Plaintiff's IFP Application. 2. For each commissary purchase. 3. Completed Texas Civil Commitment Office "Cost Recovery Worksheet for Clientsin a Contracted Facility" form, if applicable to Plaintiff. 4. Bank statements and any other documents or records showing deposits and withdrawals from the Wells Fargo savings account identified by Plaintiff, and any other bank account(s) to which Plaintiff is an account holder or signatory, for the one (1) year preceding Plaintiff's IFP Application. 5. Documentation substantiating Plaintiffs representation that his monthly income must "be used exclusively for the use of funding [his] transition/release" and that the use of those funds in pursuit of this action would be a violation of the institution's policies, possibly resulting in disciplinary sanctions. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 3/27/2023) (bmh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Mon Mar 27 11:14:38 CDT 2023 (crt) |
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Filing 10
ORDER: Case reassigned to Magistrate Judge D. Gordon Bryant, Jr. for all further proceedings. Senior Judge Sam R. Cummings no longer assigned to case. This case shall hereafter be numbered 5:23-CV-059-BQ. (Ordered by Senior Judge Sam R. Cummings on 3/23/2023) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Thu Mar 23 09:17:54 CDT 2023 (crt) |
| Filing 9 Notice and Instruction to Pro Se Party (lkw) |
| Filing 8 New Case Notes: A filing fee has not been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (lkw) |
| Filing 7 Case electronically transferred in from District of Texas Western; Case Number 1:23-cv-00162. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 6
ORDER that this case is TRANSFERRED to the Lubbock Division of the Northern District of Texas. Signed by Judge Robert Pitman. (jv2) [Transferred from Texas Western on 3/22/2023.]
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8,9. Wed Mar 22 16:35:05 CDT 2023 (crt) |
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Text Order DISMISSING #5 Motion To Be Removed from Any and All Prison Litigation Reform Act Impositions; and DISMISSING #5 Motion to Appoint Guardian/Attorney ad Litem. Plaintiff's motion is dismissed without prejudice to refiling in the transferee court. Entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tmj) [Transferred from Texas Western on 3/22/2023.]
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| Filing 5 MOTION To Be Removed from Any and All Prison Litigation Reform Act Impositions and MOTION for Appointment of Guardian ad Litem - Or To Issue Another Order to Protect Him by Santos Gomez.. Motions referred to Judge Mark Lane. (jv2) [Transferred from Texas Western on 3/22/2023.] |
| Filing 4 Case Opening Letter sent to Santos Gomez. (lt) [Transferred from Texas Western on 3/22/2023.] |
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Filing 3
STANDING ORDER dated 2/21/20 REFERRING CASE to Magistrate Judge. Signed by Judge Robert Pitman. Referral Magistrate Judge: Mark Lane. (lt) [Transferred from Texas Western on 3/22/2023.]
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| Filing 2 MOTION to Proceed in forma pauperis by Santos Gomez. (lt) [Transferred from Texas Western on 3/22/2023.] |
| Filing 1 COMPLAINT, filed by Santos Gomez. (Attachments: #1 Exhibits, #2 Envelope, #3 Request for Issuance of Summons)(lt) [Transferred from Texas Western on 3/22/2023.] |
| Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS (RP) AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lt) [Transferred from Texas Western on 3/22/2023.] |
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