San Miguel v. Searcy et al
| Samuel San Miguel |
| Michael Searcy, Marsha McLane, Kara Gougler, Jessica Marsh, Racheal Kingston, Chris Salinas, Chris Greenwalt, John Cochran, Wayne Smoker, Jason Heaton, Greg Shirley, David Bowers, Christopher Catron, Victoria Rodriguez, James Cruz, Michael Arenivaz, Debra Rodriguez, Bruno Ramon, Adrian Flores, Adam Pierce, Brian Mosley, Michael Terrones and Lisa Correa |
| 5:2025cv00033 |
| February 21, 2025 |
| U.S. District Court for the Northern District of Texas |
| Amanda R Burch |
| Prisoner Pet/Other: Civil Detainee-Conditions of Confinement |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 13, 2025. A more recent docket listing may be available from PACER.
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| Filing 11 Notice of Availability of Magistrate Judge to Exercise Jurisdiction. (Clerk to send Consent Form as directed.) If appropriate, party(ies) should return the signed consent form to the clerk within thirty (30) days from the receipt of this notice. (Ordered by U.S. Magistrate Judge Amanda 'Amy' R. Burch on 3/13/2025) (Attachments: #1 Lubbock Miscellaneous Order No. 14) (krr) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Thu Mar 13 12:32:14 CDT 2025 (crt) |
Filing 10
ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS AND TRANSFERRING THE CASE TO THE UNITED STATES MAGISTRATE JUDGE: Plaintiff, a civil detainee acting pro se, filed a civil-rights complaint under 42 U.S.C. 1983. He did not pay the filing fee, but he filed a motion to proceed in forma pauperis. Dkt No. 8. Plaintiff's motion to proceed in forma pauperis is granted. Plaintiff also asks the Court to proceed with service upon the Defendants and asserts that his complaint is not subject to the screening provisions of 28 U.S.C. 1915(e)(2)(B) and 1915A(B)(1). Dkt. No. 9. The Court denies the motion. The Court transfers this case to the docket of the Honorable Amanda'Amy'R. Burch, United States Magistrate Judge, for screening under 28 U.S.C. $ 1915. This case will now be numbered Civil Action No. 5:25-CV-00033-BV. (Ordered by Judge James Wesley Hendrix on 3/12/2025) (bmh) (Main Document 10 replaced with corrected PDF on 3/12/2025) (bmh).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Wed Mar 12 10:38:51 CDT 2025 (crt) |
| Filing 9 MOTION Requesting the Court Issue Notification and Service of this Suite Upon the Defendant's Counsel of Record, and MOTION Consider Screening Under 28 U.S.C. 1915(e)(2)(B) and 1915A(b)(1), Not Applicable to this Case filed by Samuel San Miguel. (bmh) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis filed by Samuel San Miguel. ( Page 5 was not mailed in with this document) (bmh) |
| Filing 7 Supplemental Document by Samuel San Miguel as to #1 Complaint. (bmh) |
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Filing 6
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff must address the following deficiency: Plaintiff did not pay the $405 filing fee or file a request to proceed in forma pauperis with a certificate of his resident trust account. Therefore, by March 21, 2025 (30 days), Plaintiff is ORDERED to pay the $405 filing fee or file an application to proceed in forma pauperis on the approved form with the required certificate of resident trust account. Plaintiff's failure to comply with this order may result in the dismissal of this action under Federal Rule of Civil Procedure 41(b). The Clerk will mail a non-prisoner application to proceed in forma pauperis to Plaintiff along with a copy of this order. It is Plaintiff's responsibility to obtain a certificate of his resident trust account from the appropriate official at his place of detention. (Ordered by Judge James Wesley Hendrix on 2/21/2025) (chmb)
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Filing 5
ELECTRONIC NOTICE OF JUDICIAL SCREENING AND STANDING ORDER: Judicial screening of this case is pending. See 28 U.S.C. 1915(e)(2); 28 U.S.C. 1915A(a). It is therefore ORDERED that (1) service of process will be withheld until judicial screening is complete, (2) no motions for appointment of counsel may be filed until the Court has completed the screening process, (3) all discovery in this case is stayed until an answer is filed or until further order, (4) no amendments or supplements may be filed without prior Court approval, and (5) any motion to amend the complaint must be accompanied by a complete proposed amended complaint on the required form. It is further ORDERED that Plaintiff must promptly notify the Court in writing of any change of address. Failure to provide updated address information may result in the dismissal of the case under Fed. R. Civ. 41(b). (Ordered by Judge James Wesley Hendrix on 2/21/2025) (chmb)
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| Filing 4 Notice and Instruction to Pro Se Party (bdg) |
| Filing 3 New Case Notes: A filing fee has not been paid. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) 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. (bdg) |
| Filing 2 Supplement to #1 Complaint filed by Samuel San Miguel. (bdg) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Samuel San Miguel. 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. (bdg) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3,4. Fri Feb 21 11:47:02 CST 2025 (crt) |
| ***DISREGARD, DUPLICATE ENTRY VIA ECF*** Clerk's Notice of delivery: (see NEF for details) Docket No:5. Fri Feb 21 13:01:29 CST 2025 (crt) Modified text on 2/21/2025 (krr). |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. Fri Feb 21 13:04:54 CST 2025 (crt) Clerk mailed a non-prisoner application to proceed in forma pauperis to Plaintiff along with a copy of this order.(krr). |
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