Montemayor v. Big Spring Police Department et al
| Texas Northern District Court | |
| Judge: | John R Parker |
| Case #: | 1:24-cv-00189 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Apr 30, 2024 |
| Terminated: | Jan 30, 2025 |
| Last checked: Wednesday Nov 13, 2024 8:09 PM CST |
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Defendant
Big Spring Police Department
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Defendant
John Haynes
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Defendant
Natalie Oliver
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Plaintiff
Frank Montemayor
# 654552 Lynn County Jail 810 Lockwood Street
Tahoka, TX 79373 |
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| TERMINATED PARTIES | |
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Defendant
Howard County Sheriffs Office
Terminated: 09/27/2024
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Defendant
FNU Reed
Terminated: 09/27/2024
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Defendant
FNU Villanueva
Terminated: 09/27/2024
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| Docket last updated: 05/09/2025 11:59 PM CDT |
| Thursday, January 30, 2025 | ||
| 24 | 24
order
Judgment
Thu 01/30 11:32 AM
JUDGMENT. In accordance with the Order issued this same day, it is the judgment of this Court that Plaintiff Frank Montemayor's Complaint, and all claims alleged therein, is DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2) and 1915A(b) for failure to state a claim on which relief may be granted. (Ordered by Magistrate Judge John R. Parker on 1/30/2025) (amg) |
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| 23 | 23
9
pgs
order
Order of Dismissal or Administrative Closure ~Util - Add and Terminate Parties ~Util - Terminate Motions
Thu 01/30 11:30 AM
ORDER OF DISMISSAL. For the reasons herein, the Court DISMISSES Montemayor's claims with prejudice. Accordingly, Montemayor's pending motion to appointment counsel, Dkt. No.22 , is DENIED as MOOT. The Clerk is directed to terminate Big Spring Police Department as a party. (Ordered by Magistrate Judge John R. Parker on 1/30/2025) (amg) |
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misc
Order Receipt
Thu 01/30 11:33 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No: 23, 24. mailed to Frank Montemayor at Lynn County Jail on Thu Jan 30 11:33:43 CST 2025 (crt) |
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| Monday, January 27, 2025 | ||
| 22 | 22
motion
Appoint Counsel
Mon 01/27 11:32 AM
MOTION to Appoint Counsel filed by Frank Montemayor. (amg) |
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| Tuesday, January 21, 2025 | ||
| 21 | 21
respm
Response/Objection
Tue 01/21 11:33 AM
RESPONSE filed by Frank Montemayor re:20 Magistrate Judge's Questionnaire. (amg) |
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| Tuesday, January 07, 2025 | ||
| 20 | 20
order
Judge's Questionnaire
Tue 01/07 4:12 PM
MAGISTRATE JUDGE'S QUESTIONNAIRE. Plaintiff is ORDERED to complete the attached Questionnaire. Plaintiff must certify under penalty of perjury that their answers to this Questionnaire are true by signing the included Certification. Plaintiff's responses to the Questionnaire and their Certification must be returned to the United States District Clerk, Abilene Division, no later than February 7, 2025. (Ordered by Magistrate Judge John R. Parker on 1/7/2025) (amg) |
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misc
Order Receipt
Tue 01/07 4:13 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No: 20. mailed to Frank Montemayor at Lynn County Jail on Tue Jan 7 16:13:03 CST 2025 (crt) |
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| Monday, December 09, 2024 | ||
| 19 | 19
misc
Administrative Record
Mon 12/09 2:52 PM
Administrative Record consisting of Big Spring Police Department Authenticated Records (3 CDs) received and forwarded to JRP chambers. (amg) |
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| Monday, December 02, 2024 | ||
| 18 | 18
misc
Prisoner/Social Security Consent
Mon 12/02 9:00 AM
Prisoner Consent by Frank Montemayor to Trial by Magistrate Judge. (amg) |
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| Friday, November 22, 2024 | ||
| 17 | 17
misc
Prisoner/Social Security Consent
Fri 11/22 1:32 PM
Prisoner Consent by Frank Montemayor to Trial by Magistrate Judge. (amg) |
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| Wednesday, November 20, 2024 | ||
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misc
Order Receipt
Wed 11/20 8:31 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No: 15, 16. mailed to Frank Montemayor at Lynn County Jail on Wed Nov 20 08:31:45 CST 2024 (crt) |
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| Tuesday, November 19, 2024 | ||
| 16 | 16
4
pgs
order
Order Setting Deadline/Hearing
Wed 11/20 8:30 AM
ORDER FOR AUTHENTICATED RECORDS. It is ORDERED that the officials listed in this Order shall provide the Court with authenticated and verified copies of any and all records pertaining to the specific allegations in Plaintiff's Complaint, including any relevant videos or other surveillance video. The Clerk of Court is directed to provide the above officials with a copy of Plaintiff's Complaint, Dkt. No.7 , and the Transfer Order, Dkt. No.14 , along with this Order. An authorized custodian of the records of the respective entity must execute the attached Certification of Business Records (Certification) and attach the executed Certification to the records provided to the Court. The records and executed Certification must be provided to the Court on or before December 19, 2024. **Clerk's Note: copies of (7) Amended Complaint and (14) Transfer Order mailed under cover of this Order to the official listed. (Ordered by Magistrate Judge John R. Parker on 11/20/2024) (amg) Modified filing date on 11/20/2024 (amg) |
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order
Notice of Magistrate Judge Availability or Consent
Wed 11/20 8:25 AM
Notice of Option to Consent to Proceed Before the Magistrate Judge. If appropriate, party(ies) should return the signed consent form to the clerk within 30 days from the receipt of this notice. (Ordered by Magistrate Judge John R. Parker on 11/20/2024) (amg) Modified filing date on 11/20/2024 (amg) |
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| Monday, November 18, 2024 | ||
| 14 | 14
2
pgs
order
Order Referring Case to Magistrate Judge
Mon 11/18 10:42 AM
ORDER. After an initial review pursuant to 28 U.S.C. § 1915, the Court is of the opinion that this case should be TRANSFERRED to the docket of the Honorable John R. Parker, United States Magistrate Judge, for further proceedings. This case shall hereafter be numbered Civil Action No. 1:24-cv-00189-BU. (Ordered by Senior Judge Sam R Cummings on 11/18/2024) (amg) |
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misc
Order Receipt
Mon 11/18 10:43 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No: 14. mailed to Frank Montemayor at Lynn County Jail on Mon Nov 18 10:43:22 CST 2024 (crt) |
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| Tuesday, November 12, 2024 | ||
| 13 | 13
notice
Notice and Instruction to Pro Se Party
Tue 11/12 2:39 PM
Notice and Instruction to Pro Se Party. (skh) |
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| 12 | 12
qcref
Cummings (West Texas)
Tue 11/12 2:38 PM
New Case Notes: A filing fee has not been paid. 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. Clerk to provide copy to plaintiff if not received electronically. (skh) |
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| 11 | 11
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pgs
order
Order Transferring to Another Division
Tue 11/12 10:26 AM
Order transferring case to the Abilene Division of the Northern District of Texas. The Court finds that Plaintiff's complaint should be transferred, with application to proceed informa pauperis pending, to the United States District Court for the Northem District of Texas, Abilene Division under 28 U.S.C. § 1404(a). (Ordered by Senior Judge Sam R. Cummings on 11/12/2024) (krr) |
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pgs
order
Order Directing Full Payment
Tue 11/12 10:22 AM
PLRA FILING FEE ORDER: Plaintiff is granted leave to proceed in forma pauperis. Plaintiff will not be assessed an initial partial filing fee. Plaintiff shall pay $350.00 in monthly installments as mandated by the PLRA. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. (Ordered by Senior Judge Sam R. Cummings on 11/12/2024) (krr) |
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misc
Order Receipt
Tue 11/12 10:26 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:10,11. Tue Nov 12 10:26:34 CST 2024 (crt) |
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utility
Case Transferred In - Divisional Transfer (Public Entry)
Tue 11/12 2:03 PM
NEW CASE NUMBER 1:24-cv-00189-H Montemayor v. Big Spring Police Department et al has been opened following the order of transfer entered in case number 5:24cv0109 C. Future filings should reflect only the new case number and be directed to the proper division (see LR 5.1(a)). Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (ldm) |
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utility
Add and Terminate Judges (Public Entry)
Tue 11/12 2:23 PM
Senior Judge Sam R Cummings added. Judge James Wesley Hendrix no longer assigned to case. **Clerk's Note: Judge Cummings assigned to case in Lubbock before transfer to Abilene Division. (skh) |
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misc
Order Receipt
Tue 11/12 2:40 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:12,13. mailed to Frank Montemayor at Lynn County Jail on Tue Nov 12 14:40:25 CST 2024 (crt) |
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| Tuesday, October 08, 2024 | ||
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Certificate of Trust Account by Frank Montemayor, Lynn County Jail ID # 654552. (krr)
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| Friday, September 27, 2024 | ||
| 8 | 8
MOTION for Leave to Proceed in forma pauperis with Request for Cert. of Inmate Trust Account Form filed by Frank Montemayor. (CLERK NOTE: Clerk re-mailed Cert. of Inmate Trust Account form to Plaintiff's new address.) (krr)
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AMENDED COMPLAINT against Big Spring Police Department, John Haynes, Natalie Oliver filed by Frank Montemayor. 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. (krr)
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| Monday, August 19, 2024 | ||
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SHOW CAUSE ORDER: Plaintiff did not comply with or otherwise respond to the Court's previous Order. It is, therefore, ORDERED that Plaintiff shall have twenty (20) days from the date of this Order to: file his amended complaint on the required form and either pay the filing fee or file a Signed Application for IFP and a certified copy of his inmate trust account statement (or institutional equivalent); File a sworn affidavit or unsworn declaration and attach copies of any relevant consent forms. The Clerk has mailed to Plaintiff along with a copy of this order, an application to proceed IFP, a certificate of inmate trust account, and a prisoner civil-rights complaint marked "amended". (Ordered by Senior Judge Sam R. Cummings on 8/19/2024) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Clerk mailed a copy of this Order along with an Amended Complaint form and an IFP with Certificate of Trust Account. Mon Aug 19 10:45:26 CDT 2024 (crt) | ||
| Wednesday, May 01, 2024 | ||
| 5 | 5 ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff must address the following deficiencies: The complaint was not filed on the court-approved form and neither the $405 filing fee nor a request to proceed in forma pauperis was submitted. Therefore, by June 3, 2024 (30 days), Plaintiff is ORDERED to (1) file the civil-rights complaint on the approved form, and (2) pay the $405 filing fee or file an application to proceed in forma pauperis on the approved form with the required certificate of inmate trust account. Plaintiff's failure to comply with this order may result in the dismissal of this action under Federal Rule of Civil Procedure 41(b) . The Clerk will mail an application to proceed in forma pauperis , a certificate of inmate trust account with authorization, and a prisoner civil-rights complaint form marked "amended," to Plaintiff along with a copy of this order. (Ordered by Senior Judge Sam R Cummings on 5/1/2024) (chmb) | |
| 4 | 4 ELECTRONIC NOTICE OF JUDICIAL SCREENING AND STANDING ORDER: Judicial screening of this case is pending. See 28 U.S.C. § 1915(e)(2); 28 U.S.C. § 1915A(a). It is therefore ORDERED that (1) service of process will be withheld until judicial screening is complete, (2) no motions for appointment of counsel may be filed until the Court has completed the screening process, (3) all discovery in this case is stayed until an answer is filed or until further order, (4) no amendments or supplements may be filed without prior Court approval, and (5) any motion to amend the complaint must be accompanied by a complete proposed amended complaint on the required form. It is further ORDERED that Plaintiff must promptly notify the Court in writing of any change of address. Failure to provide updated address information may result in the dismissal of the case under Fed. R. Civ. 41(b). (Ordered by Senior Judge Sam R Cummings on 5/1/2024) (chmb) | |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4,5. The Clerk also mailed an application to proceed in forma pauperis, a certificate of inmate trust account with authorization, and a prisoner civil-rights complaint form marked "amended," to Plaintiff along with a copy of this order. Wed May 1 11:43:37 CDT 2024 (crt) | ||
| Tuesday, April 30, 2024 | ||
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Notice and Instruction to Pro Se Party. (jdh)
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New Case Notes: A filing fee has not been paid. 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. Clerk to provide copy to plaintiff if not received electronically. (jdh)
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COMPLAINT against All Defendants filed by Frank Montemayor. 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. (jdh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3. Tue Apr 30 09:24:01 CDT 2024 (crt) | ||