McHenry v. Stinnett Police Department et al

Federal Civil Lawsuit Texas Northern District Court, Case No. 2:13-cv-00228
District Judge Mary Lou Robinson, presiding
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District Judge Mary Lou Robinson
Last Updated August 23, 2017 at 11:57 PM EDT (8.6 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Jimmy F. McHenry, Plaintiff

Pro Se

Name Phone Fax E-Mail
Space Jimmy F. McHenry
v.
No Logo Deputy Cody Hinders, Defendant

Represented by Crenshaw Dupree & Milam

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Matt D. Matzner +1 806 762 5281 +1 806 762 3510 mmatzner@cdmlaw.com
No Logo Former Captain Karen Lopez, Defendant
No Logo Former Sheriff Guy Rowh, Defendant
No Logo Hutchinson County Jail, Defendant
No Logo Hutchinson County Sheriff's Office, Defendant
No Logo Marie Farbro, Defendant
No Logo Officer Drennan Rogers, Defendant
No Logo Officer Jeremiah James Massengil, Defendant
No Logo Officer Patrick Lambert, Defendant
No Logo Stinnett Police Department, Defendant

Represented by Sprouse Shrader Smith PC

Name Phone Fax E-Mail
TERMINATED: 07/28/2014, Bar Status: Admitted/In Good Standing Lee Ann Reno +1 806 468 3300 + 806 373 3454 leeann.reno@sprouselaw.com
TERMINATED: 07/28/2014, Bar Status: Admitted/In Good Standing Alex Lee Yarbrough +1 806 468 3394 +1 806 373 3454 alex.yarbrough@sprouselaw.com
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit 550 - Prisoner Petitions: Civil Rights
Timeline
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Legal Document (Payment Possibly Required) 177 Filed: 1/12/2015, Entered: None Unknown Document TypeCourt Filing
ORDER Denying Plaintiff's Post-Judgment 176 Motion to Dismiss Lawsuit. Plaintiff's present motion is MOOT and is DENIED. (Ordered by Judge Mary Lou Robinson on 1/12/2015) (awc) (Entered: 01/12/2015)
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Legal Document (Payment Possibly Required) 176 Filed: 1/8/2015, Entered: None Unknown Document Type
MOTION to Dismiss Lawsuit filed by Jimmy F. McHenry. (awc) (Entered: 01/08/2015)
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Legal Document (Payment Possibly Required) 175 Filed: 12/17/2014, Entered: None Unknown Document TypeCourt Filing
JUDGMENT -- Of equal date herewith, the Court has entered an Order of Dismissal As to All Remaining Claims Against Defendant Rogers in the above-referenced and numbered cause. The Court has also issued four previous orders of partial dismissal. JUDGMENT IS ENTERED ACCORDINGLY. (Ordered by Judge Mary Lou Robinson on 12/17/2014) (awc) (Entered: 12/17/2014)
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Legal Document (Payment Possibly Required) 174 Filed: 12/17/2014, Entered: None Unknown Document TypeCourt Filing
ORDER OF DISMISSAL AS TO ALL REMAINING CLAIMS AGAINST DEFENDANT ROGERS -- Plaintiff's remaining claims against defendant ROGERS are DISMISSED WITHOUT PREJUDICE. The dismissal of those claims in this cause which were dismissed as frivolous and for failure to state a claim on which relief can be granted constitutes a "strike" under the P.L.R.A. (Ordered by Judge Mary Lou Robinson on 12/17/2014) (awc) (Entered: 12/17/2014)
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Legal Document (Payment Possibly Required) 173 Filed: 12/15/2014, Entered: None Unknown Document TypeCourt Filing
ORDER OF PARTIAL DISMISSAL -- Plaintiff's claims against defendants Former Sheriff GUY ROWH and Former Captain KAREN LOPEZ, also known as KAREN WATERS, are DISMISSED WITHOUT PREJUDICE PURSUANT TO RULE 4(m), FEDERAL RULES OF CIVIL PROCEDURE, FOR FAILURE TO OBTAIN SERVICE. Party Karen Lopez and Guy Rowh terminated. (Ordered by Judge Mary Lou Robinson on 12/15/2014) (awc) (Entered: 12/15/2014)
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Legal Document (Payment Possibly Required) 172 Filed: 12/15/2014, Entered: None Unknown Document TypeCourt Filing
ORDER OVERRULING OBJECTIONS AND DENYING MOTIONS -- Before the Court are plaintiff's December 12, 2014 Objection [Docket Entry Nos. 159, 161, 162, 163, and 164] to various Orders. The Court finds plaintiff has not shown the Magistrate Judge's December 12, 2014 Orders at Docket Entry Nos. 142, 143, 145, 146, and 147 to be clearly erroneous or contrary to law. Plaintiff's Objections [Docket Entry Nos. 159, 161, 162, 163, and 164] are OVERRULED and all relief is DENIED. (Ordered by Judge Mary Lou Robinson on 12/15/2014) (awc) (Entered: 12/15/2014)
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Legal Document (Payment Possibly Required) 171 Filed: 12/15/2014, Entered: None Unknown Document Type
RESPONSE filed by Drennan Rogers re: 169 MOTION to Vacate MOTION to Dismiss (Reno, Lee) (Entered: 12/15/2014)
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Legal Document (Payment Possibly Required) 170 Filed: 12/15/2014, Entered: None Unknown Document TypeCourt Filing
ORDER TO DEFENDANT ROGERS TO RESPOND INSTANTER -- Plaintiff has filed his "Motion to Vacate and Dismiss Lawsuite [sic]" by which plaintiff says he "vacates and dismisses the lawsuit against the defendant Officer Rogers." Defendant shall file a response INSTANTER stating either his stipulation of dismissal or his opposition thereto. (Ordered by Magistrate Judge Clinton E Averitte on 12/15/2014) (awc) (Entered: 12/15/2014)
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Legal Document (Payment Possibly Required) 169 Filed: 12/15/2014, Entered: None Unknown Document Type
Plaintiff's MOTION to Vacate and Dismiss Lawsuite (sic) filed by Jimmy F. McHenry. (awc) (Entered: 12/15/2014)
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Legal Document (Payment Possibly Required) 168 Filed: 12/15/2014, Entered: None Unknown Document Type
Plaintiff's OBJECTION to Defendant Drennan Rogers First Supplemental Response to Plaintiff's Request for Production No. 16 filed by Jimmy F. McHenry. (awc) (Entered: 12/15/2014)
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Legal Document (Payment Possibly Required) 167 Filed: 12/12/2014, Entered: None
Appendix in Support filed by Drennan Rogers re 166 Brief/Memorandum in Support of Motion, 165 MOTION for Summary Judgment Defendant Drennan Roger's Motion for Summary Judgment APPENDIX IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT (Attachments: # 1 Exhibit(s)) (Reno, Lee) (Entered: 12/12/2014)
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Legal Document (Payment Possibly Required) 166 Filed: 12/12/2014, Entered: None
Brief/Memorandum in Support filed by Drennan Rogers re 165 MOTION for Summary Judgment Defendant Drennan Roger's Motion for Summary Judgment DEFENDANT, DRENNAN ROGERS, INDIVIDUALLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT (Reno, Lee) (Entered: 12/12/2014)
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Legal Document (Payment Possibly Required) 165 Filed: 12/12/2014, Entered: None
MOTION for Summary Judgment Defendant Drennan Roger's Motion for Summary Judgment filed by Drennan Rogers (Reno, Lee) (Entered: 12/12/2014)
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Legal Document (Payment Possibly Required) 164 Filed: 12/12/2014, Entered: None
OBJECTION filed by Jimmy F. McHenry re: 145 ORDER DENYING PLAINTIFF'S REQUEST TO DEFENDANT ROGERS TO PRODUCE DISCOVERY (nxm) (Additional attachment(s) added on 12/12/2014: # 1 Clerk's response letter) (nxm). (Entered: 12/12/2014)
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Legal Document (Payment Possibly Required) 163 Filed: 12/12/2014, Entered: None
OBJECTION filed by Jimmy F. McHenry re: 147 Order Denying Motion to Compel (nxm) (Entered: 12/12/2014)
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Legal Document (Payment Possibly Required) 162 Filed: 12/12/2014, Entered: None
OBJECTION filed by Jimmy F. McHenry re: 146 Order Denying Motion to Compel (nxm) (Entered: 12/12/2014)
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Legal Document (Payment Possibly Required) 161 Filed: 12/12/2014, Entered: None
OBJECTION filed by Jimmy F. McHenry re: 143 ORDER DENYING PLAINTIFF'S INTERROGATORY QUESTIONS TO THE DEFENDANT OFFICER DRENNAN ROGERS (nxm) (Entered: 12/12/2014)
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Legal Document (Payment Possibly Required) 160 Filed: 12/12/2014, Entered: None
OBJECTION filed by Jimmy F. McHenry re: 141 RULE 4, F.R.C.P. NOTICE AND ORDER TO SHOW CAUSE (nxm) (Entered: 12/12/2014)
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Legal Document (Payment Possibly Required) 159 Filed: 12/12/2014, Entered: None
RESPONSE AND OBJECTION filed by Jimmy F. McHenry re: 142 ORDER Granting Plaintiff's Discovery Motion (nxm) (Entered: 12/12/2014)
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Legal Document (Payment Possibly Required) 158 Filed: 12/9/2014, Entered: None Court Filing
ORDER Denying 149 Motion to Authenticate the EMT Russel L. McCroskey's Statement. (Ordered by Magistrate Judge Clinton E Averitte on 12/9/2014) (awc) (Entered: 12/10/2014)
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Legal Document (Payment Possibly Required) 157 Filed: 12/8/2014, Entered: None Court Filing
ORDER Denying Plaintiff's 151 Motion to Enlarge Discovery and Summary Judgement. (Ordered by Magistrate Judge Clinton E Averitte on 12/8/2014) (awc) (Entered: 12/08/2014)
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Legal Document (Payment Possibly Required) 156 Filed: 12/8/2014, Entered: None Court Filing
ORDER Denying Plaintiff's 153 Motion for Court Order for Certified Mail. (Ordered by Magistrate Judge Clinton E Averitte on 12/8/2014) (awc) (Entered: 12/08/2014)
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Legal Document (Payment Possibly Required) 155 Filed: 12/8/2014, Entered: None Court Filing
ORDER DENYING PLAINTIFF'S MOTION FOR ADDITIONAL DISCOVERY FROM DEFENDANT ROGERS re: 152 Motion to Produce. (Ordered by Magistrate Judge Clinton E Averitte on 12/8/2014) (awc) (Entered: 12/08/2014)
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Legal Document (Payment Possibly Required) 154 Filed: 12/8/2014, Entered: None Court Filing
ORDER OVERRULING OBJECTION AND DENYING MOTION re: 148 OBJECTION filed by Jimmy F. McHenry re: 133 Order Denying Plaintiff's Motion for Court-Ordered Drug Testing of Plaintiff. (Ordered by Judge Mary Lou Robinson on 12/8/2014) (awc) (Entered: 12/08/2014)
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Legal Document (Payment Possibly Required) 153 Filed: 12/4/2014, Entered: None
MOTION for Court Order for Certified Mail filed by Jimmy F. McHenry. (awc) (Entered: 12/04/2014)
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Legal Document (Payment Possibly Required) 152 Filed: 12/4/2014, Entered: None
MOTION to Produce ("Plaintiff's Request to Defendant Rogers to Produce Discovery") filed by Jimmy F. McHenry. (awc) (Entered: 12/04/2014)
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Legal Document (Payment Possibly Required) 151 Filed: 12/4/2014, Entered: None Court Filing
MOTION to Enlarge Discovery and Summary Judgement filed by Jimmy F. McHenry. (awc) (Entered: 12/04/2014)
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Legal Document (Payment Possibly Required) 150 Filed: 12/4/2014, Entered: None
AFFIDAVIT of Authentication re 149 MOTION to Authenticate the EMT Russel L. McCroskey's Statement by Jimmy F. McHenry. (awc) (Entered: 12/04/2014)
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Legal Document (Payment Possibly Required) 149 Filed: 12/4/2014, Entered: None
MOTION to Authenticate the EMT Russel L. McCroskey's Statement filed by Jimmy F. McHenry. (awc) (Entered: 12/04/2014)
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Legal Document (Payment Possibly Required) 148 Filed: 12/4/2014, Entered: None
OBJECTION filed by Jimmy F. McHenry re: 133 Order Denying Plaintiff's Motion for Court-Ordered Drug Testing of Plaintiff. (awc) (Entered: 12/04/2014)
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Legal Document (Payment Possibly Required) 147 Filed: 12/2/2014, Entered: None Court Filing
ORDER Denying Plaintiff's 140 Motion to Compel. (Ordered by Magistrate Judge Clinton E Averitte on 12/2/2014) (awc) (Entered: 12/03/2014)
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Legal Document (Payment Possibly Required) 146 Filed: 12/2/2014, Entered: None Court Filing
ORDER Denying Plaintiff's 137 Motion to Compel. (Ordered by Magistrate Judge Clinton E Averitte on 12/2/2014) (awc) (Entered: 12/03/2014)
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Legal Document (Payment Possibly Required) 145 Filed: 12/2/2014, Entered: None Court Filing
ORDER DENYING PLAINTIFF'S REQUEST TO DEFENDANT ROGERS TO PRODUCE DISCOVERY re: 138 Motion to Produce. (Ordered by Magistrate Judge Clinton E Averitte on 12/2/2014) (awc) (Entered: 12/03/2014)
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Legal Document (Payment Possibly Required) 144 Filed: 12/2/2014, Entered: None Court Filing
ORDER Denying Plaintiff's 136 Motion to Enlarge Time for Motion to Compel. (Ordered by Magistrate Judge Clinton E Averitte on 12/2/2014) (awc) (Entered: 12/03/2014)
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Legal Document (Payment Possibly Required) 143 Filed: 12/2/2014, Entered: None Court Filing
ORDER DENYING PLAINTIFF'S INTERROGATORY QUESTIONS TO THE DEFENDANT OFFICER DRENNAN ROGERS re: 139 Motion to Respond. (Ordered by Magistrate Judge Clinton E Averitte on 12/2/2014) (awc) (Entered: 12/03/2014)
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Legal Document (Payment Possibly Required) 142 Filed: 12/2/2014, Entered: None Court Filing
ORDER Granting Plaintiff's Discovery Motion re: 129 Motion to Produce ("Plaintiff's Request to Defendant Rogers to Produce Discovery"). Defendant shall provide responsive disclosure on or before 12/16/2014. Such records may be redacted as appropriate. (Ordered by Magistrate Judge Clinton E Averitte on 12/2/2014) (awc) (Entered: 12/02/2014)
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Legal Document (Payment Possibly Required) 141 Filed: 12/2/2014, Entered: None Court Filing
RULE 4, F.R.C.P. NOTICE AND ORDER TO SHOW CAUSE -- ORDERED plaintiff shall have until 12/16/2014 in which to file a response and show cause why his claims against defendants Former Sheriff GUY ROWH and Former Captain KAREN LOPEZ, also known as KAREN WATERS, should not be dismissed without prejudice pursuant to Rule 4(m), Federal Rules of Civil Procedure. (Ordered by Magistrate Judge Clinton E Averitte on 12/2/2014) (awc) (Entered: 12/02/2014)
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Legal Document (Payment Possibly Required) 140 Filed: 12/1/2014, Entered: None
MOTION to Compel filed by Jimmy F. McHenry. (awc) (Entered: 12/01/2014)
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Legal Document (Payment Possibly Required) 139 Filed: 12/1/2014, Entered: None
MOTION to Respond ("Plaintiff's Interrogatory Questions to the Defendant Officer Drennan Rogers") filed by Jimmy F. McHenry. (awc) (Entered: 12/01/2014)
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Legal Document (Payment Possibly Required) 138 Filed: 12/1/2014, Entered: None
MOTION to Produce ("Plaintiff's Request to Defendant Rogers to Produce Discovery") filed by Jimmy F. McHenry. (awc) (Entered: 12/01/2014)
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Legal Document (Payment Possibly Required) 137 Filed: 12/1/2014, Entered: None
MOTION to Compel filed by Jimmy F. McHenry. (awc) (Entered: 12/01/2014)
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Legal Document (Payment Possibly Required) 136 Filed: 12/1/2014, Entered: None
MOTION to Enlarge Time for Motion to Compel filed by Jimmy F. McHenry. (awc) (Entered: 12/01/2014)
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Legal Document (Payment Possibly Required) 135 Filed: 11/18/2014, Entered: None Court Filing
Notice of Filing of Official Electronic Transcript of Evidentiary Hearing Proceedings held on 10/28/2014 before Judge Clinton E. Averitte. Court Reporter/Transcriber Kathy Rehling, kathyrehlingtranscripts@gmail.com, Telephone number 972-786-3063. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (66 pages). Redaction Request due 12/9/2014. Redacted Transcript Deadline set for 12/19/2014. Release of Transcript Restriction set for 2/16/2015. (Rehling, Kathy) (Entered: 11/18/2014)
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Legal Document (Payment Possibly Required) 134 Filed: 11/18/2014, Entered: None Court Filing
ORDER DENYING PLAINTIFF'S REQUEST TO PRODUCE DOCUMENTS AND TANGIBLE THINGS re: 127 MOTION ("Plaintiff's Request") to Produce Documents and Tangible Things, and MOTION to Compell (sic). (Ordered by Magistrate Judge Clinton E Averitte on 11/18/2014) (nxm) (Entered: 11/18/2014)
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Legal Document (Payment Possibly Required) 133 Filed: 11/17/2014, Entered: None Court Filing
ORDER Denying Plaintiff's Motion for Court-Ordered Drug Testing of Plaintiff re: 128 Motion to Supplement and Clairify (sic) His Statement During Discovery Hearing. (Ordered by Magistrate Judge Clinton E Averitte on 11/17/2014) (awc) (Entered: 11/17/2014)
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Legal Document (Payment Possibly Required) 132 Filed: 11/17/2014, Entered: None Court Filing
ORDER: Plaintiff asks for copies of all injury reports and pictures of injuries defendant ROGERS received during the incident giving rise to the remaining claims under consideration in this cause. On or before December 1, 2014, defendant ROGERS shall file his reply to plaintiffs "request." re: 129 MOTION to Produce. (Ordered by Magistrate Judge Clinton E Averitte on 11/17/2014) (awc) (Entered: 11/17/2014)
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Legal Document (Payment Possibly Required) 131 Filed: 11/17/2014, Entered: None Court Filing
ORDER STRIKING/UNFILING 126 PLAINTIFF'S "REPLY TO DEFENDANT ROGERS' REQUEST FOR PLAINTIFF TO PRODUCE DISCOVERY" filed by Jimmy F. McHenry due to the following deficiency: Plaintiff must make his disclosures to defendant or responses to discovery requested from him without any submission to the court of discovery materials. (Ordered by Magistrate Judge Clinton E Averitte on 11/17/2014) (awc) (Entered: 11/17/2014)
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Legal Document (Payment Possibly Required) 130 Filed: 11/14/2014, Entered: None
NOTICE of Plaintiff's Disclosure of Expert Testimony by Expert Witness filed by Jimmy F. McHenry. (awc) (Entered: 11/14/2014)
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Blank 129 Filed: 11/14/2014, Entered: None
MOTION to Produce ("Plaintiff's Request to Defendant Rogers to Produce Discovery") filed by Jimmy F. McHenry. (awc) (Entered: 11/14/2014)
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Legal Document (Payment Possibly Required) 128 Filed: 11/12/2014, Entered: None
MOTION to Supplement and Clairify (sic) His Statement During Discovery Hearing filed by Jimmy F. McHenry. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 11/12/2014)
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Blank 127 Filed: 11/12/2014, Entered: None
MOTION ("Plaintiff's Request") to Produce Documents and Tangible Things, and MOTION to Compell (sic) filed by Jimmy F. McHenry. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 11/12/2014)
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Blank 126 Filed: 11/12/2014, Entered: None
U N F I L E D (per order 11/17/2014 - Doc #131) PLAINTIFF'S REPLY to Defendant Rogers Request for Plaintiff to Produce Discovery filed by Jimmy F. McHenry. (awc) Modified on 11/17/2014 (awc). (Entered: 11/12/2014)
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Legal Document (Payment Possibly Required) 125 Filed: 11/7/2014, Entered: None
REQUEST for Evidentiary Hearing Transcript held on 10/28/14 filed by Drennan Rogers (Reno, Lee) Modified Text on 11/10/2014 (egb). (Entered: 11/07/2014)
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Blank 124 Filed: 10/28/2014, Entered: None Court Filing
ORDER MEMORIALIZING ORDERS ISSUED FROM THE BENCH: Any motion to compel must be submitted on or before December 2,2014. The deadline for motions for summary judgment is December 12,2014, with responses due within twenty days after the filing of any dispositive motion. The trial ready date is January 31, 2015. The actual trial date will be set by separate order. There will be no further discovery except by leave of the Court. Plaintiff's Motion to Request Transfer by Court Order [D.E. 121] is DENIED. (Ordered by Magistrate Judge Clinton E Averitte on 10/28/2014) (daa) (Entered: 10/29/2014)
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Legal Document (Payment Possibly Required) 123 Filed: 10/28/2014, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge Clinton E Averitte: Evidentiary Hearing held on 10/28/2014. Attorney Appearances: Plaintiff - Pro Se McHenry; Defense - Lee Ann Reno, Alex Lee Yarbrough. (Court Reporter: Digital File) (No exhibits) Time in Court - 1:28. (egb) Modified on 10/29/2014 (bfb). (Entered: 10/28/2014)
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Legal Document (Payment Possibly Required) 122 Filed: 10/17/2014, Entered: None
REPLY filed by Drennan Rogers re: 118 Order Setting Deadline/Hearing,,,, (Reno, Lee) (Entered: 10/17/2014)
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Legal Document (Payment Possibly Required) 121 Filed: 10/17/2014, Entered: None
MOTION to Request Transfer by Court Order filed by Jimmy F. McHenry. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 10/17/2014)
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Legal Document (Payment Possibly Required) 120 Filed: 10/6/2014, Entered: None
ORDER of USCA as to 71 Notice of Appeal, filed by Jimmy F. McHenry, 78 Notice of Appeal, filed by Jimmy F. McHenry. Under Fed R. App. P. 42(b), the appeals are dismissed as of 9/25/2014, pursuant to appellant's motion. (Attachments: # 1 USCA5 cover letter) (awc) (Entered: 10/06/2014)
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Legal Document (Payment Possibly Required) 119 Filed: 10/2/2014, Entered: None
Writ of Habeas Corpus ad Testificandum Issued for 10/28/2014 as to Jimmy F. McHenry. (awc) (Entered: 10/02/2014)
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Legal Document (Payment Possibly Required) 118 Filed: 10/2/2014, Entered: None Court Filing
ORDER SETTING HEARING ON DISCOVERY; ORDER TO PARTIES TO SUBMIT SUMMARY OF DISCOVERY SOUGHT; AND ORDER TO ISSUE WRIT OF HABEAS CORPUS AD TESTIFICANDUM -- IT IS ORDERED that a hearing is set in the above-referenced and numbered cause for Tuesday, October 28, 2014 at 10:00 a.m. to be conducted at the United States Courthouse, 205 East Fifth Street, Amarillo, Texas, with United States Magistrate Judge Clinton E. Averitte presiding. Plaintiff JIMMY F. McHENRY, TDCJ -CID # 1811322, is confined at the TDCJ-CID Robertson Unit, Abilene, Texas and appropriate officials are hereby instructed to transport plaintiff to the U.S. Courthouse to be made available during the pendency of such hearing until its conclusion. ON OR BEFORE OCTOBER 17, 2014, all parties shall provide the Court with an outline of the discovery they will seek to undertake and a short statement of why such discovery should be allowed. The Clerk shall issue a Writ of Habeas Corpus Ad Testificandum to the appropriate prison officials ordering the production of plaintiff for the scheduled hearing and during its pendency until completion. (Ordered by Magistrate Judge Clinton E Averitte on 10/2/2014) (awc) (Entered: 10/02/2014)
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Legal Document (Payment Possibly Required) 117 Filed: 10/1/2014, Entered: None Court Filing
ORDER Denying 64 Motion for a Continuance. (Ordered by Magistrate Judge Clinton E Averitte on 10/1/2014) (awc) (Entered: 10/01/2014)
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Legal Document (Payment Possibly Required) 116 Filed: 9/29/2014, Entered: None Court Filing
ORDER GRANTING DEFENDANT CODY HINDERS' OFFICIAL CAPACITY MOTION TO DISMISS PURSUANT TO RULE 12(b)(6) and HINDERS' MOTION TO DISMISS STATE TORT CLAIMS AND ORDER DISMISSING ALL CLAIMS AGAINST DEFENDANT HINDERS re: 68 Report and Recommendation, 14 MOTION to Dismiss State Tort Claims Pursuant to Rule 12(b)(1) and Sections 101.057(2) and 101.106 of the Texas Tort Claims Act filed by Cody Hinders, 15 Motion to Dismiss for Failure to State a Claim filed by Cody Hinders. (Ordered by Judge Mary Lou Robinson on 9/29/2014) (awc) (Entered: 09/29/2014)
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Legal Document (Payment Possibly Required) 115 Filed: 9/26/2014, Entered: None
REPLY filed by Jimmy F. McHenry re: 81 MOTION for Pretrial Conferences for Discovery. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 09/26/2014)
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Legal Document (Payment Possibly Required) 114 Filed: 9/26/2014, Entered: None
REPLY filed by Jimmy F. McHenry re: 83 MOTION for an Order to Obtain Exhibits A - Q. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 09/26/2014)
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Legal Document (Payment Possibly Required) 113 Filed: 9/26/2014, Entered: None
REPLY filed by Jimmy F. McHenry re: 84 MOTION to Abolish Defendants Protective Order MOTION for Discovery. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 09/26/2014)
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Legal Document (Payment Possibly Required) 112 Filed: 9/26/2014, Entered: None
REPLY filed by Jimmy F. McHenry re: 83 MOTION for an Order to Obtain Exhibits A - Q. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 09/26/2014)
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Legal Document (Payment Possibly Required) 111 Filed: 9/26/2014, Entered: None
REPLY filed by Jimmy F. McHenry re: 84 MOTION to Abolish Defendants Protective Order MOTION for Discovery, 81 MOTION for Pretrial Conferences for Discovery. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 09/26/2014)
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Legal Document (Payment Possibly Required) 110 Filed: 9/26/2014, Entered: None
REPLY filed by Jimmy F. McHenry re: 92 Response. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 09/26/2014)
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Legal Document (Payment Possibly Required) 109 Filed: 9/25/2014, Entered: None Court Filing
ORDER DECLARING DEFENDANTS' MOTION TO SCREEN AND TO STAY TO BE MOOT re: 11 MOTION to Screen Pursuant to 28 U.S.C. 1915A and MOTION to Stay Motion to Stay. (Ordered by Magistrate Judge Clinton E Averitte on 9/25/2014) (awc) (Entered: 09/25/2014)
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Blank 108 Filed: 9/25/2014, Entered: None Court Filing
ORDER GRANTING THE MOTIONS TO DISMISS BY DEFENDANTS FARBRO, LAMBERT, AND MASSENGIL; ORDER GRANTING, IN PART, AND DENYING, IN PART, THE MOTION TO DISMISS BY DEFENDANT ROGERS, and ORDER OF PARTIAL DISMISSAL re: 8 Motion to Dismiss for Failure to State a Claim filed by Jeremiah James Massengil, 7 Motion to Dismiss for Failure to State a Claim filed by Drennan Rogers, 5 Motion to Dismiss for Failure to State a Claim filed by Marie Farbro, 9 Motion to Dismiss for Failure to State a Claim filed by Patrick Lambert, 72 Report and Recommendation, 73 Report and Recommendation, 74 Report and Recommendation. (See order for further specifics.) (Ordered by Judge Mary Lou Robinson on 9/25/2014) (awc) (Entered: 09/25/2014)
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Legal Document (Payment Possibly Required) 107 Filed: 9/25/2014, Entered: None Court Filing
ORDER Denying 75 Motion for New Trial. (Ordered by Judge Mary Lou Robinson on 9/25/2014) (awc) (Entered: 09/25/2014)
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Legal Document (Payment Possibly Required) 106 Filed: 9/23/2014, Entered: None Court Filing
ORDER DENYING PLAINTIFF'S MOTION TO ABOLISH PROTECTIVE ORDER AND ORDER DENYING DISCOVERY AS PREMATURE re: 84 MOTION to Abolish Defendants Protective Order and MOTION for Discovery and Admissions from the Defendant Drennan Rogers. (Ordered by Magistrate Judge Clinton E Averitte on 9/23/2014) (awc) (Entered: 09/23/2014)
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Legal Document (Payment Possibly Required) 105 Filed: 9/23/2014, Entered: None Court Filing
ORDER TO PROVIDE FREE COPIES -- IT IS HEREBY ORDERED: The Clerk shall send to plaintiff, free of charge, a copy of each of the exhibits, Exhibits A-Q which were submitted with the original complaint plaintiff filed in cause no. 2:13-CV-0167. Plaintiff is instructed that these copies are not part of the instant cause, cause no. 2:13-CV-0228. Motions terminated: 83 MOTION for an Order to Obtain Exhibits A - Q filed by Jimmy F. McHenry. (Exhibits A-Q mailed to plaintiff with this order.) (Ordered by Magistrate Judge Clinton E Averitte on 9/23/2014) (awc) (Entered: 09/23/2014)
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Legal Document (Payment Possibly Required) 104 Filed: 9/23/2014, Entered: None Court Filing
ORDER Terminating Plaintiff's 82 Motion for Jury Trial. (Ordered by Magistrate Judge Clinton E Averitte on 9/23/2014) (awc) (Entered: 09/23/2014)
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Legal Document (Payment Possibly Required) 103 Filed: 9/23/2014, Entered: None Court Filing
ORDER Denying 81 Motion for Pretrial Conferences for Discovery. (Ordered by Magistrate Judge Clinton E Averitte on 9/23/2014) (awc) (Entered: 09/23/2014)
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Legal Document (Payment Possibly Required) 102 Filed: 9/23/2014, Entered: None Court Filing
ORDER Denying Motion for Transfer re: 80 Motion to be Transferred to Amarillo Closer to the Court. (Ordered by Magistrate Judge Clinton E Averitte on 9/23/2014) (awc) (Entered: 09/23/2014)
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Legal Document (Payment Possibly Required) 101 Filed: 9/23/2014, Entered: None Court Filing
ORDER DENYING PLAINTIFF'S MOTION FOR EXTENSION TO AMEND COMPLAINT AND ORDER DENYING MOTION TO AMEND re: 88 Motion for Extension of Time to Add Supplemental Claims Against Defendants, 89 Motion for Leave to File Plaintiff's Supplemental Pleadings Against the Defendants. (Ordered by Magistrate Judge Clinton E Averitte on 9/23/2014) (awc) (Entered: 09/23/2014)
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Legal Document (Payment Possibly Required) 100 Filed: 9/23/2014, Entered: None Court Filing
ORDER UNSEALING AND DENYING PLAINTIFF'S MOTION FOR A COURT ORDER re: 99 Ex Parte Motion - Plaintiff's Request for an Court Order. (Ordered by Magistrate Judge Clinton E Averitte on 9/23/2014) (awc) (Entered: 09/23/2014)
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Legal Document (Payment Possibly Required) 99 Filed: 9/22/2014, Entered: None
Ex Parte Motion - Plaintiff's Request for an Court Order filed by Jimmy F. McHenry. (Attachments: # 1 cover letter and envelope) (awc) Modified - unsealed per order Doc #100 on 9/23/2014 (awc). (Entered: 09/22/2014)
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Legal Document (Payment Possibly Required) 98 Filed: 9/12/2014, Entered: None
Appendix in Support filed by Marie Farbro, Patrick Lambert, Jeremiah James Massengil, Drennan Rogers re 96 Response/Objection, 97 Response/Objection (Reno, Lee) (Entered: 09/12/2014)
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Legal Document (Payment Possibly Required) 97 Filed: 9/12/2014, Entered: None
RESPONSE AND OBJECTION filed by Marie Farbro, Patrick Lambert, Jeremiah James Massengil, Drennan Rogers re: 84 MOTION to Abolish Defendants Protective Order MOTION for Discovery (Reno, Lee) (Entered: 09/12/2014)
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Legal Document (Payment Possibly Required) 96 Filed: 9/12/2014, Entered: None
RESPONSE AND OBJECTION filed by Marie Farbro, Patrick Lambert, Jeremiah James Massengil, Drennan Rogers re: 81 MOTION for Pretrial Conferences for Discovery (Reno, Lee) (Entered: 09/12/2014)
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Legal Document (Payment Possibly Required) 95 Filed: 9/12/2014, Entered: None
RESPONSE filed by Marie Farbro, Patrick Lambert, Jeremiah James Massengil, Drennan Rogers re: 83 MOTION for an Order to Obtain Exhibits A - (Reno, Lee) (Entered: 09/12/2014)
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Legal Document (Payment Possibly Required) 94 Filed: 9/12/2014, Entered: None
RESPONSE filed by Cody Hinders re: 83 MOTION for an Order to Obtain Exhibits A - (Matzner, Matt) (Entered: 09/12/2014)
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Legal Document (Payment Possibly Required) 93 Filed: 9/12/2014, Entered: None
RESPONSE filed by Cody Hinders re: 84 MOTION to Abolish Defendants Protective Order MOTION for Discovery, 81 MOTION for Pretrial Conferences for Discovery (Matzner, Matt) (Entered: 09/12/2014)
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Legal Document (Payment Possibly Required) 92 Filed: 9/8/2014, Entered: None
RESPONSE filed by Patrick Lambert, Jeremiah James Massengil re: 86 Objection to Findings and Recommendations (Reno, Lee) (Entered: 09/08/2014)
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Legal Document (Payment Possibly Required) 91 Filed: 8/29/2014, Entered: None
Plaintiff's Disclosure of Expert Opinion and Evidence filed by Jimmy F. McHenry. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 08/29/2014)
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Legal Document (Payment Possibly Required) 90 Filed: 8/29/2014, Entered: None
Plaintiff's Disclosure of Expert Opinion and Evidence filed by Jimmy F. McHenry. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 08/29/2014)
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Legal Document (Payment Possibly Required) 89 Filed: 8/29/2014, Entered: None
MOTION for Leave to File Plaintiff's Supplemental Pleadings Against the Defendants filed by Jimmy F. McHenry. (Attachments: # 1 Proposed Pleadings, # 2 cover letter and envelope) (awc) (Entered: 08/29/2014)
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Legal Document (Payment Possibly Required) 88 Filed: 8/29/2014, Entered: None
MOTION for Extension of Time to Add Supplemental Claims Against Defendants filed by Jimmy F. McHenry. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 08/29/2014)
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Legal Document (Payment Possibly Required) 87 Filed: 8/22/2014, Entered: None
OBJECTION to 74 Report and Recommendation by Jimmy F. McHenry. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 08/22/2014)
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Legal Document (Payment Possibly Required) 86 Filed: 8/22/2014, Entered: None
OBJECTION to 73 Report and Recommendation by Jimmy F. McHenry. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 08/22/2014)
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Legal Document (Payment Possibly Required) 85 Filed: 8/22/2014, Entered: None
OBJECTION to 72 Report and Recommendation by Jimmy F. McHenry. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 08/22/2014)
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Legal Document (Payment Possibly Required) 84 Filed: 8/22/2014, Entered: None
MOTION to Abolish Defendants Protective Order and MOTION for Discovery and Admissions from the Defendant Drennan Rogers filed by Jimmy F. McHenry. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 08/22/2014)
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Legal Document (Payment Possibly Required) 83 Filed: 8/22/2014, Entered: None
MOTION for an Order to Obtain Exhibits A - Q filed by Jimmy F. McHenry. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 08/22/2014)
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Legal Document (Payment Possibly Required) 82 Filed: 8/22/2014, Entered: None
MOTION for a Jury Trial filed by Jimmy F. McHenry. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 08/22/2014)
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Legal Document (Payment Possibly Required) 81 Filed: 8/22/2014, Entered: None
MOTION for Pretrial Conferences for Discovery filed by Jimmy F. McHenry. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 08/22/2014)
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Legal Document (Payment Possibly Required) 80 Filed: 8/22/2014, Entered: None
MOTION to be Transferred to Amarillo Closer to the Court filed by Jimmy F. McHenry. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 08/22/2014)
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Legal Document (Payment Possibly Required) 79 Filed: 8/20/2014, Entered: None
RESPONSE filed by Cody Hinders re: 76 Objection to Findings and Recommendations, (Matzner, Matt) (Entered: 08/20/2014)
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Legal Document (Payment Possibly Required) 78 Filed: 8/14/2014, Entered: None
NOTICE OF INTERLOCUTORY APPEAL to the Fifth Circuit as to 67 ORDER GRANTING STINNETT POLICE DEPARTMENT AND OFFICIAL CAPACITY DEFENDANTS' RULE 12(b)(l) AND RULE 12(b)(6), MOTIONS TO DISMISS; ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO AMEND AND/OR SUPPLEMENT COMPLAINT; SANCTION WARNING; and ORDER OF PARTIAL DISMISSAL, by Jimmy F. McHenry. Copy of NOA to be sent US Mail to parties not electronically noticed. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 08/14/2014)
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Legal Document (Payment Possibly Required) 77 Filed: 8/14/2014, Entered: None
Plaintiff's Disclosure of Expert Opinion and Evidence filed by Jimmy F. McHenry. (awc) (Entered: 08/14/2014)
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Legal Document (Payment Possibly Required) 76 Filed: 8/14/2014, Entered: None
OBJECTION ("Plaintiff's Notice of Right to Object") to 68 REPORT AND RECOMMENDATION TO GRANT DEFENDANT CODY HINDERS IN HIS OFFICIAL CAPACITY, MOTION TO DISMISS PURSUANT TO RULE 12(b)(6); AND MOTION TO DISMISS STATE TORT CLAIMS PURSUANT TO RULE 12(b)(1) AND SECTIONS 101.057(2) AND 101.106 OF THE TEXAS TORT CLAIMS ACT by Jimmy F. McHenry. (awc) (Entered: 08/14/2014)
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Legal Document (Payment Possibly Required) 75 Filed: 8/14/2014, Entered: None
Plaintiff's Objection and MOTION for New Trial filed by Jimmy F. McHenry re: 67 ORDER GRANTING STINNETT POLICE DEPARTMENT AND OFFICIAL CAPACITY DEFENDANTS' RULE 12(b)(l) AND RULE 12(b)(6), MOTIONS TO DISMISS; ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO AMEND AND/OR SUPPLEMENT COMPLAINT; SANCTION WARNING; and ORDER OF PARTIAL DISMISSAL. (awc) (Entered: 08/14/2014)
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Legal Document (Payment Possibly Required) 74 Filed: 8/8/2014, Entered: None Court Filing
REPORT AND RECOMMENDATION TO GRANT, IN PART, AND DENY, IN PART, DEFENDANT DRENNAN ROGERS RULE 12(b)(6) MOTION TO DISMISS (Ordered by Magistrate Judge Clinton E Averitte on 8/8/2014) (daa) (Entered: 08/08/2014)
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Legal Document (Payment Possibly Required) 73 Filed: 8/8/2014, Entered: None Court Filing
REPORT AND RECOMMENDATION TO GRANT THE RULE 12(b)(6) MOTIONS TO DISMISS BY DEFENDANTS LAMBERT AND MASSENGIL (Ordered by Magistrate Judge Clinton E Averitte on 8/8/2014) (daa) (Entered: 08/08/2014)
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Legal Document (Payment Possibly Required) 72 Filed: 8/8/2014, Entered: None Court Filing
REPORT AND RECOMMENDATION TO GRANT DEFENDANT MARIE FARBRO's RULE 12(b)(6) MOTION TO DISMISS (Ordered by Magistrate Judge Clinton E Averitte on 8/8/2014) (daa) (Entered: 08/08/2014)
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Legal Document (Payment Possibly Required) 71 Filed: 8/7/2014, Entered: None
NOTICE OF INTERLOCUTORY APPEAL to the Fifth Circuit as to 67 ORDER GRANTING STINNETT POLICE DEPARTMENT AND OFFICIAL CAPACITY DEFENDANTS' RULE 12(b)(l) AND RULE 12(b)(6), MOTIONS TO DISMISS; ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO AMEND AND/OR SUPPLEMENT COMPLAINT; SANCTION WARNING; and ORDER OF PARTIAL DISMISSAL, by Jimmy F. McHenry. Copy of NOA to be sent US Mail to parties not electronically noticed. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 08/07/2014)
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Legal Document (Payment Possibly Required) 69 Filed: 8/4/2014, Entered: None
REPLY filed by Jimmy F. McHenry re: 64 MOTION for a Continuance ("Plaintiff's Disclosure of Evidence and Reply"). (Attachments: # 1 cover letter and envelope) (awc) (Entered: 08/04/2014)
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Legal Document (Payment Possibly Required) 68 Filed: 7/29/2014, Entered: None Court Filing
REPORT AND RECOMMENDATION TO GRANT DEFENDANT CODY HINDERS IN HIS OFFICIAL CAPACITY, MOTION TO DISMISS PURSUANT TO RULE 12(b)(6); AND MOTION TO DISMISS STATE TORT CLAIMS PURSUANT TO RULE 12(b)(1) AND SECTIONS 101.057(2) AND 101.106 OF THE TEXAS TORT CLAIMS ACT (Ordered by Magistrate Judge Clinton E Averitte on 7/29/2014) (daa) (Entered: 07/29/2014)
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Legal Document (Payment Possibly Required) 67 Filed: 7/28/2014, Entered: None Court Filing
ORDER GRANTING STINNETT POLICE DEPARTMENT AND OFFICIAL CAPACITY DEFENDANTS' RULE 12(b)(l) AND RULE 12(b)(6), MOTIONS TO DISMISS; ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO AMEND AND/OR SUPPLEMENT COMPLAINT; SANCTION WARNING; and ORDER OF PARTIAL DISMISSAL. (See order for specifics.) Motions terminated: 47 Report and Recommendation, 48 Report and Recommendation, 6 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Stinnett PD and Official Capacity Defendants' Rule 12(b)(1) and Rule 12(b)(6) Motions to Dismiss and Brief, 56 MOTION for Leave to File Amended Pleading, 50 MOTION to Amend/Correct. (Ordered by Judge Mary Lou Robinson on 7/28/2014) (awc) (Entered: 07/28/2014)
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Legal Document (Payment Possibly Required) 66 Filed: 7/18/2014, Entered: None
SUPPLEMENTAL CERTIFICATE OF SERVICE filed by Marie Farbro, Patrick Lambert, Jeremiah James Massengil, Drennan Rogers, Stinnett Police Department re: 65 Response (Reno, Lee) Modified Text on 7/21/2014 (egb). (Entered: 07/18/2014)
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Legal Document (Payment Possibly Required) 65 Filed: 7/18/2014, Entered: None
RESPONSE filed by Marie Farbro, Patrick Lambert, Jeremiah James Massengil, Drennan Rogers, Stinnett Police Department re: 64 MOTION to Continue (Reno, Lee) (Entered: 07/18/2014)
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Legal Document (Payment Possibly Required) 64 Filed: 6/27/2014, Entered: None
MOTION for a Continuance filed by Jimmy F. McHenry. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 06/27/2014)
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Legal Document (Payment Possibly Required) 63 Filed: 6/27/2014, Entered: None
SUPPLEMENTAL REPLY filed by Jimmy F. McHenry re: 56 MOTION for Leave to File Amended Pleading. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 06/27/2014)
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Legal Document (Payment Possibly Required) 62 Filed: 6/5/2014, Entered: None
SUPPLEMENTAL REPLY filed by Jimmy F. McHenry re: 56 MOTION for Leave to File Amended Pleading. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 06/05/2014)
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Legal Document (Payment Possibly Required) 61 Filed: 5/27/2014, Entered: None
NOTICE of Change of Address for Pro Se litigant Jimmy F. McHenry. New address: Robertson Unit, 12071 FM 3522, Abilene, TX 79601. (awc) (Entered: 05/27/2014)
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Legal Document (Payment Possibly Required) 60 Filed: 5/27/2014, Entered: None
REPLY filed by Jimmy F. McHenry re: 56 MOTION for Leave to File Amended Pleading. (awc) (Entered: 05/27/2014)
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Legal Document (Payment Possibly Required) 59 Filed: 5/23/2014, Entered: None
REPLY filed by Jimmy F. McHenry re: 56 MOTION for Leave to File Amended Pleading. (Attachments: # 1 cover letter and envelope) (awc) (Entered: 05/23/2014)
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Legal Document (Payment Possibly Required) 58 Filed: 5/14/2014, Entered: None
RESPONSE filed by Marie Farbro, Patrick Lambert, Jeremiah James Massengil, Drennan Rogers, Stinnett Police Department re: 56 MOTION for Leave to File Amended Pleading (Reno, Lee) (Entered: 05/14/2014)
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Legal Document (Payment Possibly Required) 57 Filed: 5/5/2014, Entered: None
RESPONSE filed by Cody Hinders re: 56 MOTION for Leave to File Amended Pleading (Matzner, Matt) (Entered: 05/05/2014)
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Legal Document (Payment Possibly Required) 56 Filed: 4/22/2014, Entered: None
MOTION for Leave to File Amended Pleading (Memorandum in Support of Motion for Leave to File Amended Pleading) filed by Jimmy F. McHenry (Attachments: # 1 Proposed Amendment, # 2 Proposed Amendment Pages 32-62, # 3 Cover Letter and Envelope) (egb) (Entered: 04/22/2014)
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Legal Document (Payment Possibly Required) 55 Filed: 3/28/2014, Entered: None
REPLY filed by Jimmy F. McHenry re 52 RESPONSE filed by Cody Hinders re: 49 Objection to Findings and Recommendations. (awc) (Entered: 03/28/2014)
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Legal Document (Payment Possibly Required) 54 Filed: 3/28/2014, Entered: None
Supplemental Document by Jimmy F. McHenry as to 49 OBJECTION ("Plaintiff's Right to Object"). (awc) (Entered: 03/28/2014)
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Legal Document (Payment Possibly Required) 53 Filed: 3/26/2014, Entered: None
REPLY filed by Jimmy F. McHenry re: 50 MOTION to Amend State Claims. (awc) (Entered: 03/26/2014)
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Blank 52 Filed: 3/19/2014, Entered: None
RESPONSE filed by Cody Hinders re: 49 Objection to Findings and Recommendations (Matzner, Matt) (Entered: 03/19/2014)
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Legal Document (Payment Possibly Required) 51 Filed: 3/14/2014, Entered: None
RESPONSE filed by Cody Hinders re: 50 MOTION to Amend/Correct (Matzner, Matt) (Entered: 03/14/2014)
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Legal Document (Payment Possibly Required) 50 Filed: 2/26/2014, Entered: None
MOTION to Amend State Claims ("Plaintiff's Memorandum in Support of Motion to Amend State Claims for Plaintiff's First Supplemental Petition") filed by Jimmy F. McHenry. (awc) (Entered: 02/26/2014)
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Legal Document (Payment Possibly Required) 49 Filed: 2/26/2014, Entered: None
OBJECTION ("Plaintiff's Right to Object") to 47 Report and Recommendation, 48 Report and Recommendation by Jimmy F. McHenry. (Attachments: # 1 cover letter) (awc) (Entered: 02/26/2014)
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Blank 48 Filed: 2/14/2014, Entered: None Court Filing
REPORT AND RECOMMENDATION to Dismiss Defendants Hutchinson County Sheriff's Office and the Hutchinson County Jail re: 1 Notice of Removal. (Ordered by Magistrate Judge Clinton E Averitte on 2/14/2014) (awc) (Entered: 02/14/2014)
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Blank 47 Filed: 2/14/2014, Entered: None Court Filing
REPORT AND RECOMMENDATION to Grant the "Stinnett Police Department and Official Capacity Defendants' Rule 12(b)(1) and Rule 12(b)(6) Motions to Dismiss" re: 6 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Stinnett PD and Official Capacity Defendants' Rule 12(b)(1) and Rule 12(b)(6) Motions to Dismiss and Brief. (Ordered by Magistrate Judge Clinton E Averitte on 2/14/2014) (awc) (Entered: 02/14/2014)
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Legal Document (Payment Possibly Required) 46 Filed: 1/31/2014, Entered: None Court Filing
ORDER Denying Plaintiff's "Petition for Remand to State Court" re: 22 Motion to Remand to State Court. (Ordered by Magistrate Judge Clinton E Averitte on 1/31/2014) (awc) (Entered: 01/31/2014)
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Legal Document (Payment Possibly Required) 45 Filed: 1/31/2014, Entered: None Court Filing
ORDER Denying Motion to Amend re: 25 Motion to Amend Pleadings. (Ordered by Magistrate Judge Clinton E Averitte on 1/31/2014) (awc) (Entered: 01/31/2014)
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Legal Document (Payment Possibly Required) 44 Filed: 1/31/2014, Entered: None Court Filing
ORDER TO CONFORM DOCKET -- The Court notes that all pleadings prepared by defendant Marie Farbro's counsel have shown her name to be spelled "Farbro," not "Fabro." It appears the proper way to spell defendant's name is Marie Farbro, and the Clerk is instructed to conform the docket accordingly. (Ordered by Magistrate Judge Clinton E Averitte on 1/31/2014) (awc) (Entered: 01/31/2014)
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Legal Document (Payment Possibly Required) 43 Filed: 12/21/2013, Entered: None
Appendix in Support filed by Cody Hinders re 42 Response/Objection (Matzner, Matt) (Entered: 12/21/2013)
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Legal Document (Payment Possibly Required) 42 Filed: 12/21/2013, Entered: None
RESPONSE filed by Cody Hinders re: 22 MOTION to Remand to State Court (Matzner, Matt) (Entered: 12/21/2013)
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Legal Document (Payment Possibly Required) 41 Filed: 12/20/2013, Entered: None Court Filing
ORDER TO CURE DEFICIENCY: (Plaintiff shall submit a Motion to Amend which is accompanied by a copy of the proposed amended complaint as an exhibit to the motion by 1/3/2014. (re: 25 MOTION to Amend/Correct) (Ordered by Magistrate Judge Clinton E Averitte on 12/20/2013) (jeh) (Entered: 12/20/2013)
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Legal Document (Payment Possibly Required) 40 Filed: 12/20/2013, Entered: None
REPLY filed by Drennan Rogers re: 27 Response/Objection (Reno, Lee) (Entered: 12/20/2013)
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Legal Document (Payment Possibly Required) 39 Filed: 12/20/2013, Entered: None
Appendix in Support filed by Marie Fabro, Patrick Lambert, Jeremiah James Massengil, Drennan Rogers, Stinnett Police Department re 38 Response/Objection to Plaintiff's Motion to Remand to State Court (Reno, Lee) (Entered: 12/20/2013)
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Legal Document (Payment Possibly Required) 38 Filed: 12/20/2013, Entered: None
RESPONSE filed by Marie Fabro, Patrick Lambert, Jeremiah James Massengil, Drennan Rogers, Stinnett Police Department re: 22 MOTION to Remand to State Court (Reno, Lee) (Entered: 12/20/2013)
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Blank 37 Filed: 12/19/2013, Entered: None Court Filing
ORDER Denying Plaintiff's Motions to Compel Discovery - denying 34 Motion to Compel; denying 35 Motion to Compel (Ordered by Magistrate Judge Clinton E Averitte on 12/19/2013) (jeh) (Entered: 12/20/2013)
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Blank 36 Filed: 12/19/2013, Entered: None Court Filing
ORDER denying as moot 26 Motion to Continue and to Stay (Ordered by Magistrate Judge Clinton E Averitte on 12/19/2013) (jeh) (Entered: 12/20/2013)
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Legal Document (Payment Possibly Required) 35 Filed: 12/18/2013, Entered: None
MOTION to Compel Discovery filed by Jimmy F. McHenry (Attachments: # 1 cover letter) (jeh) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 34 Filed: 12/18/2013, Entered: None
MOTION to Compel Discovery filed by Jimmy F. McHenry (Attachments: # 1 cover letter) (jeh) (Entered: 12/18/2013)
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Blank 32 Filed: 12/16/2013, Entered: None Court Filing
ORDER GRANTING MOTION FOR PROTECTIVE ORDER: re: 16 Motion for Protective Order; granting 19 Motion for Protective Order. All discovery is STAYED pending this Court's ruling on the outstanding issues identified above and/or issuance of a Scheduling Order. (Ordered by Magistrate Judge Clinton E Averitte on 12/16/2013) (egb) (Entered: 12/16/2013)
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Legal Document (Payment Possibly Required) 31 Filed: 12/16/2013, Entered: None Court Filing
ORDER SETTING DEADLINE FOR RESPONSE: re: 22 MOTION (Petition) to Remand to State Court. Any responsive pleading shall be filed on or before December 23, 2013. (Ordered by Magistrate Judge Clinton E Averitte on 12/16/2013) (egb) (Entered: 12/16/2013)
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Legal Document (Payment Possibly Required) 30 Filed: 12/16/2013, Entered: None Court Filing
ORDER DENYING PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO AMEND COMPLAINT TO DROP FEDERAL CLAIMS: re: 21 Motion for Extention (sic) of Time to Amend Complaint and Drop Federal Claims. See Order for specifics. (Ordered by Magistrate Judge Clinton E Averitte on 12/16/2013) (egb) (Entered: 12/16/2013)
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Legal Document (Payment Possibly Required) 29 Filed: 12/13/2013, Entered: None
RESPONSE filed by Marie Fabro, Patrick Lambert, Jeremiah James Massengil, Drennan Rogers, Stinnett Police Department re: 21 MOTION to Extend Time to Amend Complaint and Drop Federal Claims, 25 MOTION to Amend/Correct (Reno, Lee) (Entered: 12/13/2013)
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Legal Document (Payment Possibly Required) 28 Filed: 12/13/2013, Entered: None
RESPONSE filed by Cody Hinders re: 21 MOTION to Extend Time to Amend Complaint and Drop Federal Claims, 25 MOTION to Amend/Correct (Matzner, Matt) (Entered: 12/13/2013)
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Legal Document (Payment Possibly Required) 27 Filed: 12/10/2013, Entered: None
RESPONSE AND OBJECTION filed by Jimmy F. McHenry re: 7 Motion to Dismiss for Failure to State a Claim filed by Drennan Rogers. (Attachments: # 1 cover letter) (awc) (Entered: 12/10/2013)
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Legal Document (Payment Possibly Required) 26 Filed: 12/10/2013, Entered: None
MOTION to Continue, MOTION to Stay ("Continuance or Stay of Execution") filed by Jimmy F. McHenry (Attachments: # 1 cover letter) (awc) (Entered: 12/10/2013)
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Legal Document (Payment Possibly Required) 25 Filed: 12/10/2013, Entered: None
MOTION to Amend Pleadings filed by Jimmy F. McHenry. (Attachments: # 1 cover letter) (awc) (Entered: 12/10/2013)
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Legal Document (Payment Possibly Required) 24 Filed: 12/10/2013, Entered: None
ADDITIONAL ATTACHMENTS to 22 MOTION to Remand to State Court ("Petition for Remand to State Court") by Plaintiff Jimmy F. McHenry. (awc) (Entered: 12/10/2013)
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Legal Document (Payment Possibly Required) 23 Filed: 12/10/2013, Entered: None
ADDITIONAL ATTACHMENTS to 21 MOTION for Extention (sic) of Time to Amend Complaint and Drop Federal Claims by Plaintiff Jimmy F. McHenry. (awc) (Entered: 12/10/2013)
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Legal Document (Payment Possibly Required) 22 Filed: 12/6/2013, Entered: None
MOTION to Remand to State Court ("Petition for Remand to State Court") filed by Jimmy F. McHenry. (The cover letter indicates that Exhibits A-D are to be included in this motion and the Motion for Extention (sic) of Time to Amend Complaint and Drop Federal Claims filed this date. No exhibits were attached to the motions or enclosed in the envelope that contained the motions.) (Attachments: # 1 cover letter) (awc) (Entered: 12/06/2013)
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Legal Document (Payment Possibly Required) 21 Filed: 12/6/2013, Entered: None
MOTION for Extention (sic) of Time to Amend Complaint and Drop Federal Claims filed by Jimmy F. McHenry. (The cover letter indicates that Exhibits A-D are to be included in this motion and the Motion to Remand filed this date. No exhibits were attached to the motions or enclosed in the envelope that contained the motions.) (Attachments: # 1 cover letter) (awc) (Entered: 12/06/2013)
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Legal Document (Payment Possibly Required) 20 Filed: 12/5/2013, Entered: None
Appendix in Support filed by Cody Hinders re 19 MOTION for Protective Order and to Stay Discovery (Matzner, Matt) (Entered: 12/05/2013)
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Legal Document (Payment Possibly Required) 19 Filed: 12/5/2013, Entered: None
MOTION for Protective Order and to Stay Discovery filed by Cody Hinders with Brief/Memorandum in Support. (Matzner, Matt) (Entered: 12/05/2013)
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Legal Document (Payment Possibly Required) 18 Filed: 12/4/2013, Entered: None
CERTIFICATE of Conference re 16 MOTION for Protective Order & Brief in Support by Lee Ann Reno on behalf of Marie Fabro, Patrick Lambert, Jeremiah James Massengil, Drennan Rogers, Stinnett Police Department (Reno, Lee) (Entered: 12/04/2013)
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Legal Document (Payment Possibly Required) 17 Filed: 12/4/2013, Entered: None
Appendix in Support filed by Marie Fabro, Patrick Lambert, Jeremiah James Massengil, Drennan Rogers, Stinnett Police Department re 16 MOTION for Protective Order & Brief in Support (Reno, Lee) (Entered: 12/04/2013)
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Legal Document (Payment Possibly Required) 16 Filed: 12/4/2013, Entered: None
MOTION for Protective Order & Brief in Support filed by Marie Fabro, Patrick Lambert, Jeremiah James Massengil, Drennan Rogers, Stinnett Police Department with Brief/Memorandum in Support. (Reno, Lee) (Entered: 12/04/2013)
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Legal Document (Payment Possibly Required) 15 Filed: 12/2/2013, Entered: None
Motion to Dismiss for Failure to State a Claim filed by Cody Hinders with Brief/Memorandum in Support. (Matzner, Matt) (Entered: 12/02/2013)
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Legal Document (Payment Possibly Required) 14 Filed: 11/27/2013, Entered: None
MOTION to Dismiss State Tort Claims Pursuant to Rule 12(b)(1) and Sections 101.057(2) and 101.106 of the Texas Tort Claims Act filed by Cody Hinders with Brief/Memorandum in Support. (Matzner, Matt) (Entered: 11/27/2013)
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Legal Document (Payment Possibly Required) 13 Filed: 11/19/2013, Entered: None
NOTICE of Plaintiff's Accumulation of Three "Strikes" and Continued Applicability of Sec. 1915(g) to Cases Removed from State Court filed by Cody Hinders (Matzner, Matt) (Entered: 11/19/2013)
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Legal Document (Payment Possibly Required) 12 Filed: 11/19/2013, Entered: None Court Filing
New Case Notes: A filing fee has been paid. File to Judge Robinson. 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. (awc) (Entered: 11/19/2013)
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Legal Document (Payment Possibly Required) 11 Filed: 11/18/2013, Entered: None
MOTION to Screen Pursuant to 28 U.S.C. 1915A and MOTION to Stay filed by Marie Fabro, Patrick Lambert, Jeremiah James Massengil, Drennan Rogers, Stinnnett Police Department with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s)) (Reno, Lee). Added MOTION to Screen on 11/19/2013 (awc). (Entered: 11/18/2013)
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Legal Document (Payment Possibly Required) 10 Filed: 11/18/2013, Entered: None
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Marie Fabro, Patrick Lambert, Jeremiah James Massengil, Drennan Rogers, Stinnnett Police Department. (Reno, Lee) (Entered: 11/18/2013)
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Legal Document (Payment Possibly Required) 9 Filed: 11/18/2013, Entered: None
Motion to Dismiss for Failure to State a Claim filed by Patrick Lambert with Brief/Memorandum in Support. (Reno, Lee) (Entered: 11/18/2013)
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Legal Document (Payment Possibly Required) 8 Filed: 11/18/2013, Entered: None
Motion to Dismiss for Failure to State a Claim filed by Jeremiah James Massengil with Brief/Memorandum in Support. (Reno, Lee) (Entered: 11/18/2013)
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Legal Document (Payment Possibly Required) 7 Filed: 11/18/2013, Entered: None
Motion to Dismiss for Failure to State a Claim filed by Drennan Rogers with Brief/Memorandum in Support. (Reno, Lee) (Entered: 11/18/2013)
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Legal Document (Payment Possibly Required) 6 Filed: 11/18/2013, Entered: None
Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction Stinnett PD and Official Capacity Defendants' Rule 12(b)(1) and Rule 12(b)(6) Motions to Dismiss and Brief () filed by Marie Fabro, Patrick Lambert, Jeremiah James Massengil, Drennan Rogers, Stinnnett Police Department with Brief/Memorandum in Support. (Reno, Lee) (Entered: 11/18/2013)
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Legal Document (Payment Possibly Required) 5 Filed: 11/18/2013, Entered: None
Motion to Dismiss for Failure to State a Claim filed by Marie Fabro with Brief/Memorandum in Support. (Reno, Lee) (Entered: 11/18/2013)
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Legal Document (Payment Possibly Required) 4 Filed: 11/18/2013, Entered: None
NOTICE of Joinder and Consent to Removal of Action re: 1 Notice of Removal,,,, filed by Marie Fabro, Patrick Lambert, Jeremiah James Massengil, Drennan Rogers, Stinnnett Police Department (Reno, Lee) (Entered: 11/18/2013)
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Legal Document (Payment Possibly Required) 3 Filed: 11/18/2013, Entered: None
Payment for 1 Notice of Removal,,,, filed by Cody Hinders. ($400; Receipt number 0539-5694374). (Matzner, Matt) (Entered: 11/18/2013)
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Legal Document (Payment Possibly Required) 2 Filed: 11/18/2013, Entered: None
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Cody Hinders. (Matzner, Matt) (Entered: 11/18/2013)
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Legal Document (Payment Possibly Required) 1 Filed: 11/18/2013, Entered: None Court Filing
NOTICE OF REMOVAL WITH JURY DEMAND from 84th District Court, case number 41,060 filed by Cody Hinders. (Filer fee note- IFP motion in complaint or to be filed) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (Attachments: # 1 Exhibit(s) Index of Documents Filed in State Court - Part 1, # 2 Exhibit(s) Index of Documents Filed in State Court - Part 2) (Matzner, Matt) (Entered: 11/18/2013)
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