Sims v. City of Fort Worth
| Texas Northern District Court | |
| Judge: | Mark Pittman |
| Referred: | Hal R Ray, Jr |
| Case #: | 4:20-cv-01291 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000e Job Discrimination (Employment) |
| Case Filed: | Nov 30, 2020 |
| Terminated: | Aug 09, 2021 |
| Last checked: Saturday May 29, 2021 3:25 AM CDT |
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Defendant
City of Fort Worth
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Represented By
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Plaintiff
Deautric X Sims
1938 Jasmine Dr
Lancaster, TX 75146 |
Represented By
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| TERMINATED PARTIES | |
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Defendant
Fort Worth Police Department
Terminated: 04/19/2021
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Represented By
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GPO
Jul 09 2021
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Because Sims did not timely assert his claims under Title VII, and because he failed to state a claim upon which relief could be granted for race discrimination and retaliation, the undersigned RECOMMENDS that Judge Pittman GRANT the City's Motion to Dismiss (ECF No. 30), and DISMISS Sims's Title VII claims with prejudice. Any party who objects to any part of these findings, conclusions, and recommendation must file specific written objections within 14 days after being served with a copy. (Ordered by Magistrate Judge Hal R. Ray, Jr on 7/9/2021) (pef) |
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GPO
Aug 09 2021
ORDER ACCEPTING 32 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Accordingly, Defendant's Motion (ECF No. 30) is GRANTED. Therefore, the Court finds that Plaintiff's claims should be and hereby are DISMISSED with prejudice. (Ordered by Judge Mark Pittman on 8/9/2021) (tln) |
| Docket last updated: 05/05/2025 11:59 PM CDT |
| Monday, August 09, 2021 | ||
| 34 | 34
order
Judgment
Mon 08/09 10:26 AM
FINAL JUDGMENT: This Judgment is issued pursuant to Fed. R. Civ. P. 58(a). In accordance with the Order this case (ECF No.33 ): It is ORDERED, ADJUDGED, and DECREED that Plaintiff's claims are DISMISSED with prejudice. (Ordered by Judge Mark Pittman on 8/9/2021) (tln) |
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| 33 | 33
1
pgs
order
Order Accepting/Adopting Findings and Recommendations
Mon 08/09 10:16 AM
ORDER ACCEPTING32 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Accordingly, Defendant's Motion (ECF No.30 ) is GRANTED. Therefore, the Court finds that Plaintiff's claims should be and hereby are DISMISSED with prejudice. (Ordered by Judge Mark Pittman on 8/9/2021) (tln) |
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| Friday, July 09, 2021 | ||
| 32 | 32
motion
Findings and Recommendations
Fri 07/09 3:56 PM
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Because Sims did not timely assert his claims under Title VII, and because he failed to state a claim upon which relief could be granted for race discrimination and retaliation, the undersigned RECOMMENDS that Judge Pittman GRANT the City's Motion to Dismiss (ECF No.30 ), and DISMISS Sims's Title VII claims with prejudice. Any party who objects to any part of these findings, conclusions, and recommendation must file specific written objections within 14 days after being served with a copy. (Ordered by Magistrate Judge Hal R. Ray, Jr on 7/9/2021) (pef) |
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| Monday, May 03, 2021 | ||
| 31 | 31
respm
Appendix in Support
Mon 05/03 1:36 PM
Appendix in Support filed by City of Fort Worth re30 Motion to Dismiss for Failure to State a Claim (Qualls, Carl) |
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| 30 | 30
motion
Dismiss for Failure to State a Claim
Mon 05/03 1:35 PM
Motion to Dismiss for Failure to State a Claim filed by City of Fort Worth with Brief/Memorandum in Support. Attorney Carl Ray Qualls, III added to party City of Fort Worth(pty:dft) (Qualls, Carl) |
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| Tuesday, April 20, 2021 | ||
| 29 | 29
1
pgs
order
Order Setting Deadline/Hearing ~Util - Terminate Motions
Tue 04/20 10:44 AM
ORDER: The Court GRANTS Plaintiff's motion for leave to amend his complaint. Plaintiff's First Amended Complaint (ECF No.28 at 1-4) shall be deemed filed on April 19, 2021. Because of the filing of the First Amended Complaint, the Court deems Defendant's Motion to Dismiss (ECF No.22 ) as denied as moot. Defendant shall file its answer or other pleading or motion in response to Plaintiff's First Amended Complaint on or before May 4, 2021. (Ordered by Magistrate Judge Hal R. Ray, Jr on 4/20/2021) (mmw) |
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| Monday, April 19, 2021 | ||
| 28 | 28
cmp
Amended Complaint
Mon 04/19 9:45 AM
AMENDED COMPLAINT against All Defendants filed by Deautric X Sims. (One or more defendant(s) is no longer named.) Summons(es) not requested at this time. 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. (Myers, Benjamin) |
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Att: 1
Cover Sheet Agreement to add and remove party
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| Monday, March 29, 2021 | ||
| 27 | 27
order
Scheduling Order
Mon 03/29 11:50 AM
SCHEDULING ORDER: Joinder of Parties due by 5/3/2021. Amended Pleadings due by 4/19/2021. Motions due by 12/17/2021. Deadline for mediation is on or before 11/15/2021. Discovery due by 10/15/2021. (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/29/2021) (wxc) |
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| Friday, March 26, 2021 | ||
| 26 | 26
misc
Status Report
Fri 03/26 3:17 PM
Joint STATUS REPORT regarding Contents of Scheduling Order filed by Fort Worth Police Department. (Qualls, Carl) |
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| Thursday, March 04, 2021 | ||
| 25 | 25
9
pgs
order
Order for Scheduling Order Proposal
Thu 03/04 10:33 AM
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed on or before April 1, 2021. (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/4/2021) (mmw) |
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| Friday, February 26, 2021 | ||
| 24 | 24
misc
Certificate Of Interested Persons/Disclosure Statement
Fri 02/26 9:10 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Fort Worth Police Department. (Qualls, Carl) |
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| 23 | 23
respm
Appendix in Support
Fri 02/26 9:08 AM
Appendix in Support filed by Fort Worth Police Department re22 Motion to Dismiss for Failure to State a Claim (Qualls, Carl) |
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| 22 | 22
motion
Dismiss for Failure to State a Claim
Fri 02/26 9:05 AM
Motion to Dismiss for Failure to State a Claim filed by Fort Worth Police Department with Brief/Memorandum in Support. Attorney Carl Ray Qualls, III added to party Fort Worth Police Department(pty:dft) (Qualls, Carl) |
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| Tuesday, February 09, 2021 | ||
| 21 | 21
service
Summons Returned
Tue 02/09 12:13 PM
SUMMONS Returned Executed as to Fort Worth Police Department; served on 2/5/2021. (mmw) |
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| Monday, February 01, 2021 | ||
| 20 | 20
notice
Notice of Attorney Appearance
Mon 02/01 1:14 PM
NOTICE of Attorney Appearance by Benjamin Eugene Myers on behalf of Deautric X Sims. (Filer confirms contact info in ECF is current.) (Myers, Benjamin) |
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| Monday, January 25, 2021 | ||
| 19 | 19
1
pgs
order
Order And Notice of Deficiency ~Util - Terminate Motions
Mon 01/25 3:54 PM
Order and Notice of Deficiency: Deautric X Sims must address the following deficiency: The "Motion to Appoint Counsel" needs to be made in a written motion in proper form. (Ordered by Judge Mark Pittman on 1/25/2021) (mmw) |
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| Friday, January 22, 2021 | ||
| 18 | 18
service
Summons Issued
Fri 01/22 9:06 AM
Summons Issued as to Fort Worth Police Department. (Summons, USM 285, Order16 , and Amended Complaint distributed to USMS) (mmw) |
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| Thursday, January 21, 2021 | ||
| 17 | 17
misc
Request for Clerk to Issue Document
Thu 01/21 11:15 PM
Request for Clerk to issue Summons in a Civil Suit filed by Deautric X Sims. (Myers, Benjamin) |
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Att: 1
Additional Page(s) Ltr Requesting Pro Bono Appointment,
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Att: 2
Additional Page(s) Request for Service of Process by US Marshall
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motion
Appoint Counsel
Fri 01/22 9:09 AM
MOTION to Appoint Counsel (see doc 17-1 for image) filed by Deautric X Sims. (mmw) |
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| Monday, January 04, 2021 | ||
| 16 | 16
2
pgs
order
Order
Mon 01/04 4:18 PM
ORDER: The Court has screened Plaintiff's complaint under 28 U.S.C. § 1915(e) (2)(B), and the Court finds that this pleading may be served upon the Defendant. The Court DIRECTS the clerk of Court to mail one blank USM-285 form and two blank summons forms to Plaintiff. (Ordered by Magistrate Judge Hal R. Ray, Jr on 1/4/2021) (mmw) |
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| 15 | 15
cmp
Amended Complaint
Mon 01/04 1:58 PM
AMENDED COMPLAINT against All Defendants filed by Deautric X Sims. 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. (Sims, Deautric) |
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| 14 | 14
cmp
Amended Complaint
Mon 01/04 7:16 AM
AMENDED COMPLAINT against All Defendants filed by Deautric X Sims. 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. (Sims, Deautric) |
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| Sunday, January 03, 2021 | ||
| 13 | 13
cmp
Amended Complaint
Sun 01/03 1:59 PM
AMENDED COMPLAINT against All Defendants filed by Deautric X Sims. 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. (Sims, Deautric) |
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| Tuesday, December 15, 2020 | ||
| 12 | 12
utility
Mail Returned (Public Entry)
Wed 12/16 4:05 PM
Mail returned as undeliverable.2 Notice and Instruction to Pro Se Party,1 Judge Boyle, received back from Deautric X Sims as Return to Sender. No address update from last filed document. The current document has not been re-mailed. (mmw) |
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| Friday, December 04, 2020 | ||
| 11 | 11
2
pgs
order
Order
Fri 12/04 2:30 PM
AMENDED ORDER granting4 Motion for Leave to Proceed In Forma Pauperis. (Ordered by Magistrate Judge Hal R. Ray, Jr on 12/4/2020) (trt) |
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| 10 | 10
2
pgs
order
Order And Notice of Deficiency
Fri 12/04 1:43 PM
Order and Notice of Deficiency: Deautric X Sims must address the following deficiency: file an amended complaint specifying his legal claims in compliance with Rule 8(a). Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 1/4/2021. (Ordered by Magistrate Judge Hal R. Ray, Jr on 12/4/2020) (trt) |
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| 9 | 9
2
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Fri 12/04 1:40 PM
ORDER granting4 Motion for Leave to Proceed In Forma Pauperis. (Ordered by Magistrate Judge Hal R. Ray, Jr on 12/4/2020) (trt) |
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| Thursday, December 03, 2020 | ||
| 8 | 8
notice
Notice and Instruction to Pro Se Party
Fri 12/04 1:30 PM
Notice and Instruction to Pro Se Party (mmw) |
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| 7 | 7
qcref
Pittman
Thu 12/03 4:08 PM
New Case Notes: A filing fee has not been paid. CASREF case referral set (see Special Order 3). Magistrate Judge Ray preliminarily assigned. No prior sanctions found. (For court use only - links to the[LINK:national] and[LINK:circuit] indexes.) 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. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (mmw) |
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| 6 | 6
order
Order Transferring to Another Division
Thu 12/03 3:28 PM
ELECTRONIC ORDER transferring case to the Fort Worth Division of the United States District Court for the Northern District of Texas. Under the authority of Miscellaneous Order No. 6, this action is transferred to the Fort Worth Division, where venue is proper. See 28 U.S.C. § 1404(a); 42 U.S.C. § 2000e-5(f)(3); In re Horseshoe Entertainment , 337 F.3d 429, 432-33 (5th Cir. 2003) (per curiam). Plaintiff filed this pro se action against Defendant Fort Worth Police Department, claiming wrongful termination. Doc.3 . The events at issue occurred in Tarrant County, Texas, which lies within the boundaries of the Fort Worth Division. Plaintiff has alleged no events that occurred within the Dallas Division. (Ordered by Magistrate Judge Renee Harris Toliver on 12/3/2020) (chmb) |
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utility
Case Transferred In - Divisional Transfer (Public Entry)
Thu 12/03 3:43 PM
New case number 4:20-cv-1291-P; Sims v. Fort Worth Police Department has been opened following the order of transfer entered in case number 3:20-cv-3507-B-BK. Future filings should be made in the FORT WORTH division and reflect the new case number as indicated. Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (cea) |
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| Tuesday, December 01, 2020 | ||
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Tue Dec 1 16:12:33 CST 2020 (crt) | ||
| Monday, November 30, 2020 | ||
| 5 | 5
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Deautric X Sims. (hml)
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| 4 | 4
MOTION for Leave to Proceed in forma pauperis filed by Deautric X Sims. (hml)
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| 3 | 3
COMPLAINT against Fort Worth Police Department filed by Deautric X Sims. 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. (hml)
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Att: 1
Additional Page(s),
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Att: 2
Additional Page(s)
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| 2 | 2
Notice and Instruction to Pro Se Party. (hml)
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| 1 | 1
New Case Notes: A filing fee has not been paid. SCREEN case referral set and case referred to Magistrate Judge Toliver (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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (hml)
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