U.S. District Court Northern District of Texas (Fort Worth) CIVIL DOCKET FOR CASE #: 4:11-cv Y

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1 U.S. District Court Northern District of Texas (Fort Worth) CIVIL DOCKET FOR CASE #: 4:11-cv Y APPEAL, CLOSED Colleyville Police Department et al v. Joseph: Tesi El Assigned to: Judge Terry R Means Case in other court: USCA5, Municipal Court of Colleyville, 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 North Richland Hills, TX PRO SE V. Respondent Colleyville Police Department Respondent City of Colleyville Respondent Colleyville Municipal Court etc Date Filed # Docket Text 03/25/ 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

2 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/ ***UNFILED PER ORDER OF 3/29/2011*** NOTICE OF REMOVAL from Municipal Court of Colleyville, case number 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 or by clicking here: Attorney Information - Bar Membership (egb) Modified Text on 3/29/2011 (egb). (Entered: 03/25/2011) 03/25/ ***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/ ***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/ 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 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 (Ordered by Magistrate Judge Jeffrey L Cureton on 3/29/2011) (egb) (Entered: 03/29/2011) 03/29/ ORDER AND NOTICE OF DEFICIENCY: Plaintiff(s) has thirty (30) days to cure the following deficiency: shall either pay the filing fee of $ 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 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/ Application in the Nature of a NOTICE OF REMOVAL from Municipal Court of Colleyville, case number 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 or by clicking here: Attorney Information - Bar Membership (egb) (Entered: 04/26/2011) 04/26/ AFFIDAVIT OF CRIMINAL COMPLAINT by James Michael Joseph: Tesi El. (egb) (Entered: 04/26/2011) 04/26/ CERTIFICATE OF INTERESTED PARTIES by James Michael Joseph: Tesi El. (egb) (Entered: 04/26/2011) 04/26/ MOTION for Leave to Proceed in forma pauperis filed by James Michael Joseph: Tesi El (egb) (Entered: 04/26/2011) 05/11/ 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/ 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/ 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

4 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/ LETTER to Colleyville Municipal Court remanding case from which it was removed. (egb) (Entered: 05/11/2011) 05/18/ 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/ 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/ 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/ CERTIFICATE OF SERVICE by James Michael Joseph: Tesi El. (tle) (Entered: 06/20/2011) 08/10/2011 Record on Appeal for USCA (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/ :56:56

5 PACER Login: Client Code: Description: Docket Report Search Criteria: 4:11-cv Y Billable Pages: 3 Cost: 0.24

6 Case 4:11-cv Y Document 1 Filed 03/25/11 Page 1 of 2 PageID <pageid> IN THE UNITED STATES DISTRICT COURT FOR 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 captioned civil matter hereby waive their right to proceed before a Judge of the United States District Court and consent to have a United States Magistrate Judge conduct any and all further proceedings 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 the case. ORDER OF REASSIGNMENT IT IS HEREBY ORDERED that the above captioned matter be reassigned to the United States Magistrate Judge for the conduct of all further proceedings and the entry of judgment in accordance with (c) and the foregoing consent of the parties. Date: UNITED STATES DISTRICT JUDGE

7 Case 4:11-cv Y Document 1 Filed 03/25/11 Page 2 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 parties in a civil case, the district judge may enter an order reassigning the civil case to a magistrate judge. Miscellaneous Order No. 6 of the Northern District of Texas provides that it is the plaintiff's obligation to attach a copy of this notice to the complaint and summons, when served. NOTICE OF RIGHT TO CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE You have the opportunity to consent to the exercise of civil jurisdiction over your case by a magistrate judge. If all parties involved in your case consent, the presiding district judge may enter 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 magistrate judge 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 form entitled: Consent to Proceed Before a United States Magistrate Judge ("consent form"). It is preferred that all parties submit the consent form jointly, but it may be submitted individually if necessary. A district judge or magistrate judge will not be informed of any party's response to this notice unless all parties have consented to the referral of the matter to a magistrate judge. Even if all parties consent to the exercise of civil jurisdiction by a magistrate judge, the district judge may choose not to enter an order reassigning the case to a magistrate judge. However, if the district judge does enter an order of transfer, and reassigns your case to the magistrate judge, 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 of judgment 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 United States court of appeals from the judgment of the magistrate judge in the same manner as an appeal from any other judgment of a district court." If you wish to consent to proceed before a United States magistrate judge and are a registered electronic filer in the Northern District of Texas, you may access an electronic version of the consent form via the court's ECF system under Civil Events, Other Filings. Detailed instructions on how to complete the electronic version of the consent form are provided in the ECF Administrative Procedures Manual located on the court's website at Filing / ECF Info. Completing the electronic version of the consent form will electronically submit the form. The consent form may also be obtained in paper form from any of the clerk's seven divisional offices.

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