U.S. District Court Northern District of ... - ImageShackimg641.imageshack.us/img641/2384/moorishclaiminamericatu.pdf · APPEAL, CLOSED U.S. District Court Northern District of Texas

APPEAL, CLOSED

U.S. District Court Northern District of Texas (Fort Worth)

CIVIL DOCKET FOR CASE #: 4:11-cv-00199-Y

Colleyville Police Department et al v. Joseph: Tesi El Assigned to: Judge Terry R Means Case in other court: USCA5, 11-10500

Municipal Court of Colleyville, 332142-1-2

Cause: 28:1441 Petition for Removal

Date Filed: 03/25/2011 Date Terminated: 05/11/2011 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Petitioner

James Michael Joseph: Tesi El in the interest of James Tesi also known as James Michael Tesi

represented by James Michael Joseph: Tesi El c/o Lesha Ferrell, Texas Notary PO Box 822582 North Richland Hills, TX 76182 PRO SE

V.

Respondent

Colleyville Police Department

Respondent

City of Colleyville

Respondent

Colleyville Municipal Court etc

Date Filed # Docket Text

03/25/2011 1 New Case Notes: A filing fee has not been paid. CASREF case referral set (see Special Order 3). Magistrate Judge Cureton preliminarily assigned File to staff attorney DK 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. (egb) (Entered: 03/25/2011)

03/25/2011 2 ***UNFILED PER ORDER OF 3/29/2011*** NOTICE OF REMOVAL from Municipal Court of Colleyville, case number 332142-1-2 filed by James Michael Joseph: Tesi El. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (egb) Modified Text on 3/29/2011 (egb). (Entered: 03/25/2011)

03/25/2011 3 ***UNFILED PER ORDER OF 3/29/2011** Supplemental Document (Application) by James Michael Joseph: Tesi El as to 2 Notice of Removal. (egb) Modified Text on 3/29/2011 (egb). (Entered: 03/25/2011)

03/25/2011 4 ***UNFILED PER ORDER OF 3/29/2011*** AFFIDAVIT OF FINANCIAL STATEMENT by James Michael Joseph: Tesi El. (egb) Modified Text on 3/29/2011 (egb). (Entered: 03/25/2011)

03/25/2011 ***Clerk's Notice of delivery: (see NEF for details) Docket No:1. Fri Mar 25 14:51:00 CDT 2011 (crt) (Entered: 03/25/2011)

03/29/2011 5 Order Unfiling 2 Notice of Removal, filed by James Michael Joseph: Tesi El, 3 Application filed by James Michael Joseph: Tesi El, 4 Affidavit filed by James Michael Joseph: Tesi El due to the following deficiency: A civil cover sheet must be filed with the complaint. The document(s) must be in proper form. The document requires a separately signed certificate of interested persons. See LR 3.I(c), LR 3.2(e), LR 7.4, LR 81.1 (a)(3)(D), or LR 81.2. A Notice of Removal must include a supplemental civil cover sheet, an index of state court pleadings, docket sheet, and each document filed in the state court action. See LR 81.1. (Ordered by Magistrate Judge Jeffrey L Cureton on 3/29/2011) (egb) (Entered: 03/29/2011)

03/29/2011 6 ORDER AND NOTICE OF DEFICIENCY: Plaintiff(s) has thirty (30) days to cure the following deficiency: shall either pay the filing fee of $350.00 or fully complete and return the attached application to proceed in forma pauperis. Failure to timely submit the fee or a fully completed application to proceed in forma pauperis within 30 days may result in the dismissal of Plaintiff's complaint without further notice. See Fed. R. Civ. P. 41(b) (Ordered by Magistrate Judge Jeffrey L Cureton on

3/29/2011) Mailed application to proceed in forma pauperis with Order to Plaintiff. (egb) (Entered: 03/29/2011)

03/29/2011 ***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. Tue Mar 29 15:38:10 CDT 2011 (crt) (Entered: 03/29/2011)

04/26/2011 7 Application in the Nature of a NOTICE OF REMOVAL from Municipal Court of Colleyville, case number 332142-1-2 filed by James Michael Joseph: Tesi El. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (egb) (Entered: 04/26/2011)

04/26/2011 8 AFFIDAVIT OF CRIMINAL COMPLAINT by James Michael Joseph: Tesi El. (egb) (Entered: 04/26/2011)

04/26/2011 9 CERTIFICATE OF INTERESTED PARTIES by James Michael Joseph: Tesi El. (egb) (Entered: 04/26/2011)

04/26/2011 10 MOTION for Leave to Proceed in forma pauperis filed by James Michael Joseph: Tesi El (egb) (Entered: 04/26/2011)

05/11/2011 11 ORDER RETURNING CASE TO DISTRICT JUDGE:...James Michael Joseph Tesi EI did not provide a fully completed application as required by Court order, he has not provided the necessary information for the Court to rule on any in forma pauperis application. IT IS THEREFORE ORDERED that this action should be returned to the United States District Judge for such other action as may be deemed appropriate. See Order for further specifics. (Ordered by Magistrate Judge Jeffrey L Cureton on 5/11/2011) (egb) (Entered: 05/11/2011)

05/11/2011 12 ORDER OF DISMISSAL:...This case is DISMISSED for lack of prosecution, without prejudice to its being refiled. See Fed R. Civ. P. 41(b). Alternatively, this case is DISMISSED for lack of jurisdiction and is remanded to the state court from which it was removed. See Order for further specifics. (Ordered by Judge Terry R Means on 5/11/2011) (egb) (Entered: 05/11/2011)

05/11/2011 13 FINAL JUDGMENT: In accordance with the order issued this same day and Federal Rule of Civil Procedure 58, this case is DISMISSED for lack of prosecution, without prejudice to its being refiled. See Fed R. Civ. P. 41(b). Alternatively, this case is DISMISSED for lack of jurisdiction and is remanded to the state court from which it was removed. All costs of court are taxed against the party that incurred them (Ordered by Judge Terry R

Means on 5/11/2011) (egb) (Entered: 05/11/2011)

05/11/2011 ***Clerk's Notice of delivery: (see NEF for details) Docket No:11, 12, 13. Wed May 11 11:17:44 CDT 2011 (crt) (Entered: 05/11/2011)

05/11/2011 14 LETTER to Colleyville Municipal Court remanding case from which it was removed. (egb) (Entered: 05/11/2011)

05/18/2011 15 NOTICE OF APPEAL to the Fifth Circuit as to 11 Order Returning Case to District Judge, 12 Order of Dismissal or Administrative Closure, 13 Judgment, by James Michael Joseph: Tesi El, Pro Se, $455 Fee Due, IFP papers mailed, No hearings held, T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (tle) (Entered: 05/18/2011)

06/06/2011 16 MOTION for Leave to Proceed in forma pauperis on appeal re 15 Notice of Appeal, filed by James Michael Joseph: Tesi El (egb) (Entered: 06/06/2011)

06/08/2011 17 ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL...denying 16 Motion for Leave to Proceed in forma pauperis. (Ordered by Magistrate Judge Jeffrey L Cureton on 6/8/2011) (klm) (Entered: 06/08/2011)

06/08/2011 ***Clerk's Notice of delivery: (see NEF for details) Docket No:17. Wed Jun 8 16:45:43 CDT 2011 (crt) (Entered: 06/08/2011)

06/20/2011 18 CERTIFICATE OF SERVICE by James Michael Joseph: Tesi El. (tle) (Entered: 06/20/2011)

08/10/2011 Record on Appeal for USCA5 11-10500 (related to 15 appeal): Record consisting of: 1 ECF electronic record, certified to USCA. To request a copy of the record (on disk or on paper), contact the appeals deputy in advance to arrange delivery , NEF mailed to James m Joseph: Tesi El. (tle) (Entered: 08/10/2011)

PACER Service Center Transaction Receipt

08/19/2011 06:56:56

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Description: Docket Report Search Criteria: 4:11-cv-00199-Y Billable Pages: 3 Cost: 0.24

IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF TEXAS

_________________________________________

__________________________________Plaintiff

v. __________________________________Docket Number

__________________________________Defendant

CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE

In accordance with the provisions of 28 U.S.C. § 636(c), the parties to the above captionedcivil matter hereby waive their right to proceed before a Judge of the United States DistrictCourt and consent to have a United States Magistrate Judge conduct any and all furtherproceedings in the above styled case (including the trial) and order entry of a final judgment.

Party or Counsel of Record Date

__________________________________ ____________________________________________________________________ ____________________________________________________________________ __________________________________

NOTE: Return this form to the District Clerk only if it has been executed by all parties to thecase.__________________________________________________________________________

ORDER OF REASSIGNMENT

IT IS HEREBY ORDERED that the above captioned matter be reassigned to the UnitedStates Magistrate Judge______________________________ for the conduct of all furtherproceedings and the entry of judgment in accordance with 28 § 636(c) and the foregoingconsent of the parties.

__________________________________Date:

__________________________________UNITED STATES DISTRICT JUDGE

Case 4:11-cv-00199-Y Document 1 Filed 03/25/11 Page 1 of 2 PageID <pageID>

TRIALS BY THE UNITED STATES MAGISTRATE JUDGE

28 U.S.C. § 636(c)(1) and Fed. R. Civ. Proc 73(b) provide that upon the consent of all partiesin a civil case, the district judge may enter an order reassigning the civil case to a magistratejudge. Miscellaneous Order No. 6 of the Northern District of Texas provides that it is theplaintiff's obligation to attach a copy of this notice to the complaint and summons, whenserved.

NOTICE OF RIGHT TO CONSENT TO PROCEEDBEFORE A UNITED STATES MAGISTRATE JUDGE

You have the opportunity to consent to the exercise of civil jurisdiction over your case by amagistrate judge. If all parties involved in your case consent, the presiding district judge mayenter an order of transfer, and reassign your case to a magistrate judge.

Your decision to consent, or not to consent, to the reassignment of your case to a magistratejudge is entirely voluntary and without any adverse consequences if you choose not to consent.Your decision should be communicated to the clerk of the district court using the formentitled: Consent to Proceed Before a United States Magistrate Judge ("consent form"). It ispreferred that all parties submit the consent form jointly, but it may be submitted individuallyif necessary. A district judge or magistrate judge will not be informed of any party's responseto this notice unless all parties have consented to the referral of the matter to a magistratejudge.

Even if all parties consent to the exercise of civil jurisdiction by a magistrate judge, the districtjudge may choose not to enter an order reassigning the case to a magistrate judge. However, ifthe district judge does enter an order of transfer, and reassigns your case to the magistratejudge, the magistrate judge is then authorized to conduct any or all proceedings in the case,including a jury or non−jury trial, and order the entry of a final judgment. Upon entry ofjudgment by the magistrate judge in any case referred under 28 U.S.C. § 636(c)(1), 28 U.S.C.§ 636(c)(3) provides that "an aggrieved party may appeal directly to the appropriate UnitedStates court of appeals from the judgment of the magistrate judge in the same manner as anappeal from any other judgment of a district court."

If you wish to consent to proceed before a United States magistrate judge and are a registeredelectronic filer in the Northern District of Texas, you may access an electronic version of theconsent form via the court's ECF system under Civil Events, Other Filings. Detailedinstructions on how to complete the electronic version of the consent form are provided in theECF Administrative Procedures Manual located on the court's website atwww.txnd.uscourts.gov, Filing / ECF Info. Completing the electronic version of the consentform will electronically submit the form.

The consent form may also be obtained in paper form from any of the clerk's seven divisionaloffices.

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U.S. District Court Northern District of ... - ImageShackimg641.imageshack.us/img641/2384/moorishclaiminamericatu.pdf · APPEAL, CLOSED U.S. District Court Northern District of Texas