Contreras-Orosco v. USA
| Texas Northern District Court | |
| Judge: | Barbara M G Lynn |
| Referred: | Renee Harris Toliver |
| Case #: | 3:24-cv-00994 |
| Nature of Suit | 540 Prisoner Petitions - Habeas Corpus - Mandamus & Other |
| Cause | 28:1331(a) Fed. Question: Real Property |
| Case Filed: | Apr 23, 2024 |
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| Docket last updated: 12 hours ago |
| Tuesday, May 14, 2024 | ||
| 5 | 5
order
Order And Notice of Deficiency
Tue 05/14 2:47 PM
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff Cesar Contreras-Orosco must address the following deficiency: The Court liberally construed Plaintiff's Motion for Return of the Administrative Forfeiture of Certain Property under Fed. R. Crim. P. 41(g) as a civil action. Doc.2 ; Doc.3 . Plaintiff is now advised that such action is subject to the filing fee provisions of the Prison Litigation Reform Act (PLRA). See Complaint form at page 2, paragraph 3 for filing fee information under the PLRA; Pena v. United States , 122 F.3d 3, 5 (5th Cir. 1997) (characterizing motion for return of seized property as a civil action subject to the PLRA filing fee provisions). Accordingly, insofar as Plaintiff seeks to proceed with this action, he is GRANTED until June 13, 2024 to: (1) file a complaint seeking the return of property and (2) pay the $405.00 filing fee or file a motion for leave to proceed in forma pauperis with the required certificate of inmate trust account. If Plaintiff did not intend to file a lawsuit at this time, he may file a Notice of Dismissal and the case will be closed without the assessment of a filing fee. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE DISMISSAL OF THIS ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(b). The Clerk of the Court is directed to provide to Plaintiff, with service of this Order, a form prisoner application to proceed in forma pauperis and two forms prisoner civil rights complaint (labeled amended and reflecting this case number). (Ordered by Magistrate Judge Renee Harris Toliver on 5/14/2024) (chmb) |
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| Tuesday, April 23, 2024 | ||
| 4 | 4
notice
Notice and Instruction to Pro Se Party
Tue 04/23 11:22 PM
Notice and Instruction to Pro Se Party. (axm) |
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| 2 | 2
2
pgs
order
Order
Tue 04/23 11:22 PM
ORDER: Defendant's motion is liberally CONSTRUED as a civil action under 28 U.S.C. § 1331 and a new civil case is opened. Therefore, the clerk of the court is DIRECTED to terminate the motion in the criminal case and open a new civil action against the United States under 28 U.S.C. § 1331 (nature of suit code 540). All future filings related to the motion should be filed in the new action. (Orginally filed in case 3:17-CR-258 as docket entry #69) (Ordered by Senior Judge Barbara M. G. Lynn on 4/23/2024) (axm) |
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| 1 | 1
qcref
Lynn
Tue 04/23 11:15 PM
New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Initiating documents received by mail. 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. (axm) |
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misc
Order Receipt
Tue 04/23 11:23 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2, 4. Tue Apr 23 23:23:15 CDT 2024 (crt) |
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