Atkins v. McCaffity et al

Texas Northern District Court
Judge:Reed C O'Connor
Case #: 7:17-cv-00031
Nature of Suit550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause42:1983 Prisoner Civil Rights
Case Filed:Mar 16, 2017
Terminated:Mar 12, 2020

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Docket last updated: 7 hours ago
Tuesday, March 31, 2020
30 30 utility Mail Returned (Public Entry) Tue 03/31 1:41 PM
Mail returned as undeliverable.29 Judgment,27 Sealed and/or Ex Parte Order,28 Order Dismissing Case as Frivolous received back from Emmitt D Atkins as "Discharged". No address update from last filed document. The current document has not been re-mailed. (skg)
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Thursday, March 12, 2020
29 29 order Judgment Thu 03/12 4:02 PM
JUDGMENT: It is ORDERED, ADJUDGED, and DECREED that this action is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as frivolous. (Ordered by Judge Reed C. O'Connor on 3/12/2020) (skg)
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28 28 10 pgs order Order Dismissing Case as Frivolous Thu 03/12 3:28 PM
ORDER DISMISSING CASE AS FRIVOLOUS. (Ordered by Judge Reed C. O'Connor on 3/12/2020) (skg)
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27 27 order Sealed and/or Ex Parte Order Thu 03/12 3:26 PM
ORDER DISMISSING CASE(Sealed): For the foregoing reasons, Plaintiff's complaint is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as frivolous. (Ordered by Judge Reed C. O'Connor on 3/12/2020) (skg)
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misc Order Receipt Thu 03/12 4:03 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:27, 28, 29. Thu Mar 12 16:03:01 CDT 2020 (crt)
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Tuesday, October 08, 2019
26 26 1 pgs order Order on Motion for Miscellaneous Relief Tue 10/08 2:14 PM
ORDER TO FILE ATTORNEY GENERAL'S REPORT UNDER SEAL re:24 Motion to Seal. (Ordered by Judge Reed C. O'Connor on 10/8/2019) (skg)
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misc Order Receipt Tue 10/08 2:14 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:26. Tue Oct 8 14:14:24 CDT 2019 (crt)
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Monday, October 07, 2019
25 25 sealex Sealed and/or Ex Parte Document Mon 10/07 12:19 PM
(Document Restricted) Amicus Curiae Martinez Report (Sealed pursuant to SO 19-1, statute, or rule) filed by The Attorney General (Fennessey, Sheaffer)
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Att: 1 Exhibit(s) 1,
Att: 2 Exhibit(s) A-Medical Records,
Att: 3 Exhibit(s) 2
24 24 motion Miscellaneous Relief Mon 10/07 12:14 PM
MOTION To Seal Martinez Report and all Exhibits filed by The Attorney GeneralAttorney Sheaffer Kristine Fennessey added to party The Attorney General(pty:am) (Fennessey, Sheaffer)
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Att: 1 Proposed Order
Friday, August 09, 2019
23 23 service Certificate of Service Fri 08/09 8:47 AM
ACKNOWLEDGMENT OF ELECTRONIC SERVICE by Attorney General for the State of Texas RE:1 Complaint,7 Plaintiff's Answers to the Court's Questionnaire, and22 Order to Investigate and Submit Martinez Report. (plp)
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Wednesday, August 07, 2019
22 22 3 pgs order Order Setting Deadline/Hearing Wed 08/07 4:54 PM
ORDER TO INVESTIGATE AND SUBMIT MARTINEZ REPORT: After review of the allegations set forth in Plaintiffs complaint and in his answers to the Court's questionnaire, the Court has determined that there is a need for further factual development concerning Plaintiff's medical care claim prior to service of process.To advance the Court's pre-service screening, the Attorney General for the State of Texas shall cause an investigation to be conducted and shall file a Martinez Report with the Court concerning all medical care provided to Plaintiff for treatment of the injury to his left hand.The Martinez Report shall be filed in the instant case UNDER SEAL by the Attorney General no later than October 7, 2019. (Ordered by Judge Reed C. O'Connor on 8/7/2019) (plp)
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misc Order Receipt Wed 08/07 4:56 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:22. Wed Aug 7 16:56:24 CDT 2019 (crt)
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Wednesday, July 31, 2019
21 21 misc Remark Wed 07/31 3:47 PM
Status Request filed by Emmitt D Atkins. (skg)
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Att: 1 Deputy Clerk's response
Monday, March 18, 2019
20 20 1 pgs order Order on Motion for Miscellaneous Relief Order on Motion to Compel Mon 03/18 10:45 AM
ORDER: Plaintiff's motion (ECF No.16 ) for free copies of all documents filed in this case is DENIED. Plaintiff may contact the Clerk of Court and make financial arrangements for copies of documents. The Clerk of Court shall provide Plaintiff with a courtesy copy of the public docket sheet for this action. Plaintiff's motion (ECF No.17 ) to change the name of Defendant Juli McCaffity to Juli Vasquez is GRANTED. The Clerk of Court shall update the docket sheet to reflect the Defendants name change. Additionally, the style of the case shall be changed to Emmitt D. Atkins v. Juli Vasquez, et al. Plaintiffs motion (ECF No.18 ) to issue process upon Defendants is DENIED without prejudice. The Court will issue process if appropriate upon completion of the screening process. (Ordered by Judge Reed C. O'Connor on 3/18/2019) (plp)
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misc Order Receipt Mon 03/18 10:46 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Courtesy copy of public docket sheet included Mon Mar 18 10:46:04 CDT 2019 (crt)
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Monday, November 05, 2018
19 19 misc Status Request Mon 11/05 2:38 PM
Status Request by Emmitt D Atkins with Deputy Clerk Response. (skg)
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Att: 1 Deputy Clerk's response
Monday, August 13, 2018
18 18 motion Compel Tue 08/14 2:54 PM
MOTION requesting court to order defendants to answer complaint filed by Emmitt D Atkins. (skg)
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17 17 motion Miscellaneous Relief Tue 08/14 2:53 PM
MOTION to change name of defendant filed by Emmitt D Atkins. (skg)
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16 16 motion Miscellaneous Relief Tue 08/14 2:52 PM
MOTION for copy of case docket filed by Emmitt D Atkins. (skg)
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Wednesday, July 25, 2018
15 15 misc Remark Wed 07/25 11:01 AM
Request for status of case filed by Emmitt D Atkins. (trt)
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Att: 1 Deputy clerk response
Thursday, April 05, 2018
14 14 misc Remark Fri 04/06 11:44 AM
Correspondence to the Court filed by Emmitt D Atkins. (skg)
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Friday, March 23, 2018
misc Order Receipt Fri 03/23 7:58 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:13. Fri Mar 23 07:57:59 CDT 2018 (crt)
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Thursday, March 22, 2018
13 13 2 pgs order Order on Motion to Appoint Counsel Fri 03/23 7:57 AM
ORDER: For the foregoing reasons, Plaintiff's motion for appointment of counsel (ECF No.9 ) is DENIED. (Ordered by Judge Reed C. O'Connor on 3/22/2018) (skg)
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Tuesday, January 16, 2018
12 12 misc Status Request Tue 01/16 11:33 AM
Status Request by Emmitt D Atkins with Deputy Clerk Response. (trt)
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Att: 1 Deputy Clerk response
Friday, September 15, 2017
11 11 misc Remark Fri 09/15 3:22 PM
Declaration for Entry of Default by Defendants filed by Emmitt D Atkins. (skg)
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Friday, September 01, 2017
10 10 misc Status Request Tue 09/05 10:47 AM
Status Request by Emmitt D Atkins with Deputy Clerk Response. (skg)
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Att: 1 Deputy Clerk's response.
Monday, August 14, 2017
9 9 motion Appoint Counsel Mon 08/14 11:30 AM
MOTION to Appoint Counsel filed by Emmitt D Atkins (trt)
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Monday, July 03, 2017
8 8 misc Status Request Mon 07/03 4:00 PM
Status Request by Emmitt D Atkins with Deputy Clerk Response. (skg)
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Att: 1 Deputy Clerk's response.
Thursday, April 13, 2017
7 7 respm Response/Objection Thu 04/13 1:11 PM
Plaintiff's Answers to the Court's Questionnaire,6 , filed by Emmitt D Atkins. (baa)
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Monday, April 03, 2017
6 6 order Judge's Questionnaire Mon 04/03 4:13 PM
DISTRICT COURT'S QUESTIONNAIRE TO PLAINTIFF: Plaintiff shall sign the verification certificate under penalty of perjury, and return the answers to questions to the Clerk of this Court by April 24, 2017. Failure to file answers to the Courts questions could result in dismissal of the case without further notice. (Ordered by Judge Reed C. O'Connor on 4/3/2017) (baa)
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5 5 order Order For Partial Filing Fee Mon 04/03 4:07 PM
FILING FEE ORDER: Plaintiff is GRANTED leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The agency having custody of plaintiff shall, when funds exist in plaintiff's inmate trust account or institutional equivalent, forward to the Court an initial partial filing fee of $0.00. Plaintiff shall pay $350.00, the balance of the filing fee, in monthly installments as provided in 28 U.S.C. § 1915(b)(2). (Clerk note: TDCJ Inmate Trust Office has been electronically notified of this order.) (Ordered by Judge Reed C. O'Connor on 4/3/2017) (baa)
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misc Order Receipt Mon 04/03 4:14 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. Mon Apr 3 16:14:13 CDT 2017 (crt)
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Thursday, March 16, 2017
4 4 motion Proceed In Forma Pauperis Thu 03/16 2:01 PM
MOTION for Leave to Proceed in forma pauperis with certificate of trust account, filed by Emmitt D Atkins. (baa)
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3 3 notice Notice and Instruction to Pro Se Party Thu 03/16 11:56 AM
Notice and Instruction to Pro Se Party (baa)
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2 2 qcref O' Connor (WICHITA FALLS CASES) Thu 03/16 11:55 AM
New Case Notes: A filing fee has not been paid. File to: No court file needed. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ray). Clerk to provide copy to plaintiff if not received electronically. (baa)
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1 1 cmp Complaint Thu 03/16 11:54 AM
COMPLAINT against All Defendants filed by Emmitt D Atkins. 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:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (baa)
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Att: 1 Exhibit(s)
misc Order Receipt Thu 03/16 11:56 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:2,3. Thu Mar 16 11:56:26 CDT 2017 (crt)
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