Garner v. United States (3:17-cv-00800), Texas Northern District Court

Garner v. United States

Texas Northern District Court
Judge:	A Joe Fish
Referred:	David L Horan
Case #:	3:17-cv-00800
Nature of Suit	362 Torts - Personal Injury - Medical Malpractice
Cause	28:1331 Fed. Question: Personal Injury

Case Filed:	Mar 21, 2017
Terminated:	Mar 21, 2018

Last checked: Sunday Sep 17, 2017 3:52 AM CDT

Defendant United States
Plaintiff Charles Alan Garner 3745 Towne East Crossing Blvd, Apt 1435 Mesquite, TX 75150

	GPO Mar 23 2017 FINDINGS, CONCLUSIONS, AND RECOMMENDATION: The Court should deny the motion for leave to proceed in forma pauperis 4 and order Plaintiff to pay the full filing fee within 21 days after any order accepting this recommendation or some other reasonable time to be established by the Court. (Ordered by Magistrate Judge David L. Horan on 3/23/2017) (ash)
	GPO Apr 13 2017 Order Accepting 6 Findings and Recommendations re: 4 Motion for Leave to Proceed in forma pauperis filed by Charles Alan Garner. Plaintiff Charles Alan Garner is therefore ORDERED to pay the full amount to initiate this action ($400.00) within 21 days. If he fails to do so, this action will be dismissed. (Ordered by Senior Judge A. Joe Fish on 4/13/2017) (epm)
	GPO Mar 06 2018 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Because Garner's claim is barred by the FTCA's statute of limitations, the Court should grant the 21 motion to dismiss and dismiss this action with prejudice. (Ordered by Magistrate Judge David L. Horan on 3/6/2018) (ykp) Modified text on 3/7/2018 (mcrd).
	GPO Mar 21 2018 Order Accepting 27 Findings, Conclusions, and Recommendation of the United States Magistrate Judge. (Ordered by Senior Judge A. Joe Fish on 3/21/2018) (zkc)

Docket last updated: 04/25/2024 11:59 PM CDT

Wednesday, March 21, 2018
30		30 order Judgment Wed 03/21 4:41 PM JUDGMENT: Because plaintiff Charles Alan Garner's claim is barred by the FTCA's statute of limitations, the court GRANTS the motion to dismiss (docket entry21 ) and DISMISSES this action with prejudice. (Ordered by Senior Judge A. Joe Fish on 3/21/2018) (zkc) Related: [-]
29		29 1 pgs order Order Accepting/Adopting Findings and Recommendations Wed 03/21 4:37 PM Order Accepting27 Findings, Conclusions, and Recommendation of the United States Magistrate Judge. (Ordered by Senior Judge A. Joe Fish on 3/21/2018) (zkc) Related: [-]
		misc Order Receipt Wed 03/21 4:42 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:29, 30. Wed Mar 21 16:42:17 CDT 2018 (crt) Related: [-]
Monday, March 19, 2018
28		28 respoth Objection to Findings and Recommendations Tue 03/20 9:12 AM OBJECTION to27 Findings and Recommendations by Charles Alan Garner. (axm) Related: [-]
Tuesday, March 06, 2018
27		27 motion Findings and Recommendations Tue 03/06 9:47 AM FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Because Garner's claim is barred by the FTCA's statute of limitations, the Courts hould grant the21 motion to dismiss and dismiss this action with prejudice. (Ordered by Magistrate Judge David L. Horan on 3/6/2018) (ykp) Related: [-]
		misc Order Receipt Tue 03/06 9:47 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:27. Tue Mar 6 09:47:49 CST 2018 (crt) Related: [-]
Wednesday, January 31, 2018
26		26 respm Reply Wed 01/31 8:42 AM REPLY filed by United States of America re:21 MOTION to Dismiss for Lack of Jurisdiction (Cruce-Haag-DOJ, Ann) Related: [-]
Tuesday, January 16, 2018
25		25 respm Response/Objection Tue 01/16 1:15 PM RESPONSE re:21 MOTION to Dismiss for Lack of Jurisdiction filed by Charles Alan Garner. (sss) Related: [-]
Friday, December 15, 2017
24		24 5 pgs order Order Setting Deadline/Hearing Fri 12/15 4:51 PM ORDER SETTING BRIEFING SCHEDULE: Plaintiff Charles Alan Garner must file a written response to the motion by 1/16/2018. The United States may file reply brief, but no additional documents, by 1/31/2018. (Ordered by Magistrate Judge David L. Horan on 12/15/2017) (sss) Related: [-]
		misc Order Receipt Fri 12/15 4:51 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:24. Fri Dec 15 16:51:47 CST 2017 (crt) Related: [-]
Thursday, December 14, 2017
23		23 misc Certificate Of Interested Persons/Disclosure Statement Thu 12/14 8:47 AM CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by United States of America. (Cruce-Haag-DOJ, Ann) Related: [-]
22		22 respm Appendix in Support Thu 12/14 8:45 AM Appendix in Support filed by United States of America re21 MOTION to Dismiss for Lack of Jurisdiction (Cruce-Haag-DOJ, Ann) Related: [-]
21		21 motion Dismiss/Lack of Jurisdiction Thu 12/14 8:44 AM MOTION to Dismiss for Lack of Jurisdiction filed by United States of America with Brief/Memorandum in Support. Attorney Ann Cruce-Haag-DOJ added to party United States of America(pty:dft) (Cruce-Haag-DOJ, Ann) Related: [-]
Thursday, November 09, 2017
20		20 service Summons Returned Thu 11/09 10:34 AM SUMMONS Returned Executed as to United States of America, served on 10/18/2017; U.S. Attorney for the Northern District of Texas, served on 10/17/2017. (ran) Related: [-]
Wednesday, November 08, 2017
19		19 notice Notice (Other) Thu 11/09 10:24 AM Correspondence to the Court, filed by Charles Alan Garner. (ran) Related: [-]
Thursday, October 12, 2017
18		18 1 pgs order Order Thu 10/12 12:59 PM ORDER EXTENDING SERVICE DEADLINE: The Court EXTENDS to November 13, 2017 the deadline to properly serve the United States and file proof of that service with the Court. See FED. R. CIV. P. 4(i) & 4(l). Garners failure to file proof of proper service by that date will result in a recommendation that this action be dismissed under Federal Rules of Civil Procedure 4(m) and/or 41(b). (Ordered by Magistrate Judge David L. Horan on 10/12/2017) (svc) Related: [-]
		misc Order Receipt Thu 10/12 12:59 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:18. Thu Oct 12 12:59:38 CDT 2017 (crt) Related: [-]
Wednesday, October 11, 2017
17		17 respm Response/Objection Wed 10/11 3:56 PM RESPONSE filed by Charles Alan Garner re:16 Order for Plaintiff to Show Cause. (ran) Related: [-]
Friday, September 22, 2017
16		16 3 pgs order Order to Show Cause/Order to Answer Fri 09/22 3:33 PM ORDER FOR PLAINTIFF TO SHOW CAUSE: The Court ORDERS Plaintiff to file a response to this order no later than 10/13/2017 to explain why service has not been perfected and properly proven to the Court. Plaintiff is CAUTIONED that if he fails to file a sufficient response by 10/31/2017, the undersigned will recommend that his lawsuit be dismissed without prejudice, under Federal Rule of Civil Procedure 41(b), for failure to prosecute and obey orders of the Court. (Ordered by Magistrate Judge David L. Horan on 9/22/2017) (ykp) Related: [-]
		misc Order Receipt Fri 09/22 3:33 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:16. Fri Sep 22 15:33:37 CDT 2017 (crt) Related: [-]
Monday, July 24, 2017
15		15 notice Notice (Other) Tue 07/25 11:13 AM Certified Mail Receipts(no green cards) for13 Summons Issued filed by Charles Alan Garner (svc) Related: [-]
Wednesday, May 10, 2017
14		14 order Order on Motion to Appoint Counsel Wed 05/10 9:12 AM ORDER denying without prejudice12 Motion to Appoint Counsel. (Ordered by Magistrate Judge David L. Horan on 5/10/2017) (axm) Related: [-]
		misc Order Receipt Wed 05/10 9:12 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Wed May 10 09:12:45 CDT 2017 (crt) Related: [-]
Monday, May 08, 2017
13		13 service Summons Issued Mon 05/08 11:50 AM Summons issued as to United States, U.S. Attorney, and U.S. Attorney General. (twd) Related: [-]
12		12 motion Appoint Counsel Mon 05/08 11:34 AM MOTION to Appoint Counsel filed by Charles Alan Garner. (twd) Related: [-]
11		11 misc Request for Clerk to Issue Document Mon 05/08 11:34 AM Request for Clerk to issue Summons filed by Charles Alan Garner. (twd) Related: [-]
Monday, April 24, 2017
10		10 order Order Mon 04/24 2:35 PM ORDER REGARDING SERVICE: If proper service is not made before the 90th day after the filing of this action (which occurred on March 21, 2017) that is not a Saturday, Sunday, or legal holiday which, here, will be June 19, 2017 - this case is subject to dismissal without prejudice unless Plaintiff shows good cause for her failure to timely and properly effect service and for the Court to extend the time for service for an appropriate period. (Ordered by Magistrate Judge David L. Horan on 4/24/2017) Related: [-]
		misc Order Receipt Mon 04/24 2:36 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Mon Apr 24 14:36:40 CDT 2017 (crt) Related: [-]
Friday, April 21, 2017
		misc Order Receipt Fri 04/21 10:56 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:6,8 mailed to plaintiff's updated address. Fri Apr 21 10:56:13 CDT 2017 (crt) Related: [-]
Thursday, April 20, 2017
9		9 notice Notice of Change of Address Fri 04/21 10:55 AM NOTICE of Change of Address for Pro Se litigant Charles Alan Garner. (aaa) Related: [-]
Thursday, April 13, 2017
8		8 order Order Accepting/Adopting Findings and Recommendations Thu 04/13 11:31 AM Order Accepting6 Findings and Recommendations re:4 Motion for Leave to Proceed in forma pauperis filed by Charles Alan Garner. Plaintiff Charles Alan Garner is therefore ORDERED to pay the full amount to initiate this action ($400.00) within 21 days. If he fails to do so, this action will be dismissed. (Ordered by Senior Judge A. Joe Fish on 4/13/2017) (epm) Related: [-]
		misc Order Receipt Thu 04/13 11:31 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Thu Apr 13 11:31:50 CDT 2017 (crt) Related: [-]
Wednesday, April 05, 2017
7		7 utility Mail Returned Wed 04/05 1:29 PM Mail returned as undeliverable.6 Findings and Recommendations on Motion received back from Charles Alan Garner as return to sender - insufficient address - unable to forward. No address update from last filed document. The current document has not been re-mailed. (sss) Related: [-]
Thursday, March 23, 2017
6		6 motion Findings and Recommendations Thu 03/23 3:02 PM FINDINGS, CONCLUSIONS, AND RECOMMENDATION: The Court should deny the motion for leave to proceed in forma pauperis4 and order Plaintiff to pay the full filing fee within 21 days after any order accepting this recommendation or some other reasonable time to be established by the Court. (Ordered by Magistrate Judge David L. Horan on 3/23/2017) (ash) Related: [-]
		misc Order Receipt Thu 03/23 3:02 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Thu Mar 23 15:02:58 CDT 2017 (crt) Related: [-]
Wednesday, March 22, 2017
		misc Order Receipt Wed 03/22 1:02 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Wed Mar 22 13:02:38 CDT 2017 (crt) Related: [-]
Tuesday, March 21, 2017
5		5 misc Certificate Of Interested Persons/Disclosure Statement Wed 03/22 1:31 PM CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Charles Alan Garner. (twd) Related: [-]
4		4 motion Proceed In Forma Pauperis Wed 03/22 1:22 PM MOTION for Leave to Proceed in forma pauperis filed by Charles Alan Garner. (twd) Related: [-]
3		3 cmp Complaint Wed 03/22 1:04 PM COMPLAINT against United States filed by Charles Alan Garner. 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. (twd) Related: [-]
2		2 notice Notice and Instruction to Pro Se Party Wed 03/22 1:02 PM Notice and Instruction to Pro Se Party. (twd) Related: [-]
1		1 qcref Fish Wed 03/22 1:01 PM New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Case received over counter/electronically. No prior sanctions found. (For court use only - links to the[LINK:national] and[LINK: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. (twd) Related: [-]

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