Diaz v. O'Brien
| Texas Western District Court | |
| Judge: | Orlando L Garcia |
| Referred: | Henry J Bemporad |
| Case #: | 5:24-cv-00129 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Feb 07, 2024 |
| Terminated: | Jan 13, 2025 |
| Last checked: Tuesday Aug 06, 2024 4:17 AM CDT |
|
Defendant
Kyle O'Brien
|
Represented By
|
|
Plaintiff
Jesse Diaz
32363 Pequin Dr
Bulverde, TX 78163 |
GPO
Feb 12 2024
REPORT AND RECOMMENDATIONS re Emergency Motion for temporary restraining order filed by Jesse Diaz, 1 Complaint filed by Jesse Diaz. Signed by Judge Henry J. Bemporad. (mgr) |
|
|
GPO
Jul 23 2024
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 5 Report and Recommendations It is further ORDERED that Plaintiffs emergency motion for a temporary restraining order (docket no. 1) is DENIED. Signed by Judge Orlando L. Garcia. (wg) |
|
|
GPO
Aug 09 2024
REPORT AND RECOMMENDATIONS, The United States District Clerk shall serve a copy of this Report and Recommendation on all parties by either electronic transmittal to all parties represented by attorneys registered as afiling user with the Clerk of Court, or by mailing a copy to those not registered by certified mail, return receipt requested re 10 Amended Complaint filed by Jesse Diaz. Signed by Judge Henry J. Bemporad. (wg) |
|
|
GPO
Aug 27 2024
with a court order. This case may be closed. Signed by Judge Orlando L. Garcia. (mgr)ORDER ADOPTING REPORT AND RECOMMENDATIONS for 16 Report and Recommendations. The Court has reviewed the recommendation and the findings and conclusions therein are neither clearly erroneous nor contrary to law. It is therefore ORDERED that the recommendation of United States Magistrate Judge Henry J. Bemporad (docket no. 8) is ACCEPTED pursuant to 28 U.S.C. 636(b)(1). It is further ORDERED that all claims asserted herein are DISMISSED sua sponte for failure to prosecute and failure to comply |
| Docket last updated: 23 minutes ago |
| Tuesday, January 14, 2025 | ||
| 23 | 23
1
pgs
order
Order
Wed 01/15 8:47 AM
ORDER DENYING19 Motion for Attorney Fees - Defendant is not a prevailing party, the Motion (Dkt. No. 19) is Denied.. Signed by Judge Orlando L. Garcia. (vl) |
|
| Monday, January 13, 2025 | ||
| 22 | 22
2
pgs
order
Order Adopting/Rejecting Report and Recommendations
Tue 01/14 12:28 PM
ORDER ADOPTING REPORT AND RECOMMENDATIONS for16 Report and Recommendations,. Signed by Judge Orlando L. Garcia. (vl) |
|
| Thursday, August 29, 2024 | ||
| 19 | 19
motion
Attorney Fees
Thu 08/29 12:27 PM
MOTION for Attorney Fees by Kyle O'Brien. (Lishman, Sarah) |
|
| Tuesday, August 27, 2024 | ||
| 20 | 20
2
pgs
order
Order Adopting/Rejecting Report and Recommendations
Thu 08/29 2:04 PM
ORDER ADOPTING REPORT AND RECOMMENDATIONS for16 Report and Recommendations. The Court has reviewed the recommendation and the findings and conclusions therein are neither clearly erroneous nor contrary to law. It is therefore ORDERED that the recommendation of United States Magistrate Judge Henry J. Bemporad (docket no. 8) is ACCEPTED pursuant to 28 U.S.C. 636(b)(1). It is further ORDERED that all claims asserted herein are DISMISSED sua sponte for failure to prosecute and failure to comply with a court order. This case may be closed. Signed by Judge Orlando L. Garcia. (mgr) |
|
| Monday, August 12, 2024 | ||
| 18 | 18
misc
Certified Mail Receipt
Wed 08/14 2:33 PM
Certified Mail Receipt of16 Report and Recommendations,17 Order, Case No Longer Referred to Magistrate Judge (wg) |
|
| Friday, August 09, 2024 | ||
| 17 | 17
1
pgs
order
Order ~Util - Case No Longer Referred to Magistrate Judge
Mon 08/12 11:56 AM
ORDER RETURNING CASE BACK TO DISTRICT COURT, CASE NO LONGER REFERRED to Magistrate Judge Henry J. Bemporad. Signed by Judge Henry J. Bemporad. (wg) |
|
| 16 | 16
misc
Report and Recommendations
Mon 08/12 11:53 AM
REPORT AND RECOMMENDATIONS, The United States District Clerk shall serve a copy of this Report and Recommendation on all parties by either electronic transmittal to all parties represented by attorneys registered as afiling user with the Clerk of Court, or by mailing a copy to those not registered by certified mail, return receipt requested re10 Amended Complaint filed by Jesse Diaz. Signed by Judge Henry J. Bemporad. (wg) |
|
| Wednesday, July 24, 2024 | ||
| 15 | 15
misc
Response
Thu 07/25 2:56 PM
PRO-SE PLAINTIFF'S RESPONSE to12 Second MOTION to Dismiss by Jesse Diaz. (wg) |
|
| Tuesday, July 23, 2024 | ||
| 14 | 14
2
pgs
order
Order Adopting/Rejecting Report and Recommendations
Tue 07/23 11:41 AM
ORDER ADOPTING REPORT AND RECOMMENDATIONS for5 Report and Recommendations It is further ORDERED that Plaintiffs emergency motion for a temporary restraining order (docket no. 1) is DENIED. Signed by Judge Orlando L. Garcia. (wg) |
|
| Wednesday, July 10, 2024 | ||
| 13 | 13
2
pgs
order
Order
Wed 07/10 4:56 PM
ORDER--Accordingly, it is hereby ORDERED that, on or before July 24, 2024, Plaintiff must respond to Defendant's Response to Plaintiffs Amended Complaint and Second Motion to Dismiss (Docket Entry 12). Failure to respond will result in the motion being considered as unopposed and may subject this case to dismissal for failure to prosecute or to comply with the Order of this Court. See FED. R. CIV. P. 41(b).. Signed by Judge Henry J. Bemporad. (vl) |
|
|
misc
Remark (No Doc#)
Wed 07/10 5:00 PM
Mailed Order docket entry13 and12 Motion to Dismiss to plaintiff. (vl) |
||
| Thursday, June 13, 2024 | ||
| 12 | 12
motion
Dismiss
Thu 06/13 1:18 PM
Second MOTION to Dismiss by Kyle O'Brien.. Motions referred to Judge Henry J. Bemporad. (Lishman, Sarah) |
|
|
Att: 1
Proposed Order Proposed Order Granting Motion to Dismiss
|
||
| Friday, May 24, 2024 | ||
| 11 | 11
1
pgs
order
Order
Tue 05/28 9:30 AM
ORDER- Accordingly, it is hereby ORDERED that Defendant must respond to Plaintiff's Amended Complaint (Docket Entry 10) on or before June 14, 2024.. Signed by Judge Henry J. Bemporad. (vl) |
|
| Friday, May 17, 2024 | ||
|
order
Order on Motion for Miscellaneous Relief
Fri 05/17 3:09 PM
Text Order MOOTING [] Motion entered by Judge Henry J. Bemporad. The motion was contained in the original complaint, which has been superseded by an amended complaint in this case. (Docket Entry 10.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (HJB) |
||
| Thursday, April 25, 2024 | ||
| 10 | 10
cmp
Amended Complaint
Wed 05/01 8:50 AM
AMENDED COMPLAINT against Kyle O'Brien amending1 Complaint., filed by Jesse Diaz.(wg) |
|
| Monday, March 25, 2024 | ||
| 9 | 9
2
pgs
order
Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Dismiss/Lack of Jurisdiction
Tue 03/26 9:43 AM
ORDER GRANTING IN PART8 Motion to Dismiss for Failure to State a Claim; GRANTING8 Motion to Dismiss for Lack of Jurisdiction. On or before April 25, 2024, Plaintiff must file an amended complaint addressing the specific defects set out in Defendants motion and sufficiently alleging a plausibleclaim for relief so as to permit Defendant to reasonably prepare a response.Signed by Judge Henry J. Bemporad. (wg) |
|
| Wednesday, February 28, 2024 | ||
| 8 | 8
motion
Dismiss for Failure to State a Claim Dismiss/Lack of Jurisdiction
Wed 02/28 10:28 AM
Motion to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Kyle O'Brien.. Motions referred to Judge Henry J. Bemporad. (Lishman, Sarah) |
|
|
Att: 1
Proposed Order Proposed Order Granting Motion to Dismiss,
|
||
|
Att: 2
Proposed Order Proposed Order Granting Motion for More Definitive Statement
|
||
| Tuesday, February 20, 2024 | ||
| 7 | 7
misc
Certified Mailing
Tue 02/27 2:03 PM
Certified Mailing of5 Report and Recommendations returned, received on 2/16/24. (bt) |
|
| Tuesday, February 13, 2024 | ||
| 6 | 6
misc
Certified Mail Receipt
Tue 02/13 4:04 PM
Certified Mail Receipt of5 Report and Recommendations (mgr) |
|
| Monday, February 12, 2024 | ||
| 5 | 5
misc
Report and Recommendations
Tue 02/13 3:43 PM
REPORT AND RECOMMENDATIONS re Emergency Motion for temporary restraining order filed by Jesse Diaz,1 Complaint filed by Jesse Diaz. Signed by Judge Henry J. Bemporad. (mgr) |
|
| Thursday, February 08, 2024 | ||
| 4 | 4
2
pgs
order
Order Referring Case to Magistrate Judge
Thu 02/08 10:28 AM
ORDER REFERRING CASE to Magistrate Judge Henry J. Bemporad. Signed by Judge Orlando L. Garcia.. Referral Magistrate Judge: Henry J. Bemporad. (bt) |
|
| 3 | 3
misc
Case Opening Letter
Thu 02/08 9:22 AM
Case Opening Letter to Jesse Diaz. (vl) |
|
| Wednesday, February 07, 2024 | ||
| 2 | 2
service
Summons Issued
Thu 02/08 9:12 AM
Summons Issued as to Kyle O'Brien. (vl) |
|
| 1 | 1
cmp
Complaint
Thu 02/08 9:02 AM
COMPLAINT (Filing fee $405.00 receipt number 4309), filed by Jesse Diaz.(vl) |
|
|
Att: 1
Civil Cover Sheet,
|
||
|
Att: 2
Filing Fee Receipt
|
||
|
motion
Miscellaneous Relief
Thu 02/08 9:07 AM
EMERGENCY MOTION by Jesse Diaz. *Please see Complaint1 for complete title of Motion.* (vl) |
||