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Case TitleRobinson v. State of Texas
DistrictNorthern District of Texas
CityDallas
Case Number3:2014cv01422
Date Filed2014-04-18
Date Closed2015-01-06
JudgeJudge Jane J Boyle
PlaintiffJoe Earl Robinson
Case DescriptionJoe Earl Robinson, a Texas state prisoner, filed a suit citing FOIA, and the Fifth and Sixth Amendments to the U.S. Constitution, as the basis for his request for the transcripts of his trial in state court in Dallas. This is not a FOIA suit since Robinson has no federal cause of action against the Texas state courts.
Complaint issues: FOIA not mentioned

DefendantState of Texas
Documents
Docket
Complaint
Opinion/Order [8]
FOIA Project Annotation: The magistrate judge recommended dismissing Joe Earl Robinson's FOIA claim against the Dallas County court to disclose records because the federal FOIA does not apply to state agencies.
Issues: Litigation - Jurisdiction - Failure to State a Claim
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-04-181New Case Notes: A filing fee has not been paid. File to writ clerk/staff attorney. SCREEN case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Initiating documents received by mail. No prior sanctions found. (For court use only - links to the national and 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (skt) (Entered: 04/18/2014)
2014-04-182Notice and Instruction to Pro Se Party. (skt) (Entered: 04/18/2014)
2014-04-18***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Fri Apr 18 11:03:46 CDT 2014 (crt) (Entered: 04/18/2014)
2014-04-183COMPLAINT against The State of Texas filed by Joe Earl Robinson. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . (skt) (Entered: 04/18/2014)
2014-05-054ORDER SEVERING CLAIMS: Plaintiffs FOIA request shall remain as the cause of action in the instant case. The challenge to Plaintiffs criminal conviction shall be severed from the instant case and proceed as a new § 2254 habeas action with William Stephens, Director of the Texas Department of Criminal Justice, Correctional Institutions Division, as the Respondent. The case number will be assigned by the Clerk of Court. Copies of the original complaint and this order shall be docketed in the new case. The new case shall be directly assigned to District Judge Jane J. Boyle and Magistrate Judge David L. Horan. See Special Order No. 3-250 (N.D. Tex. March 8,2006). (Ordered by Magistrate Judge David L Horan on 5/5/2014) (aaa) (Civil case 3:14-cv-1640-B opened) (Entered: 05/05/2014)
2014-05-05***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Mon May 5 11:08:34 CDT 2014 (crt) (Entered: 05/05/2014)
2014-06-045NOTICE OF DEFICIENCY AND ORDER: Plaintiff has neither paid the Court's filing fee nor submitted a request to proceed in forma pauperis. Plaintiff must either pay the $400.00 filing fee associated with this action or submit a request to proceed in forma pauperis on the District Court's Application form. The forms necessary to comply with this order are available in the law library of the prison unit in which Plaintiff is confined. The Court ORDERS Plaintiff to cure the deficiency noted above by 6/25/2014. Failure to comply with this order will result in a recommendation that the complaint be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). (Ordered by Magistrate Judge David L Horan on 6/4/2014) (ctf) (Entered: 06/04/2014)
2014-06-04***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Wed Jun 4 15:19:53 CDT 2014 (crt) (Entered: 06/04/2014)
2014-06-236MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Joe Earl Robinson. (ykp) (Entered: 06/23/2014)
2014-06-247ORDER granting 6 Motion for Leave to Proceed In Forma Pauperis. (Clerk note: TDCJ Inmate Trust Office has been electronically notified of this order.) (Ordered by Magistrate Judge David L Horan on 6/24/2014) (axm) (Entered: 06/24/2014)
2014-06-24***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Tue Jun 24 14:50:29 CDT 2014 (crt) (Entered: 06/24/2014)
2014-08-298Findings and Recommendations on Case: Plaintiff's lawsuit should be summarily dismissed with prejudice pursuant to 28 USC 1915(e)(2)(B). (See order for specifics) (Ordered by Magistrate Judge David L Horan on 8/29/2014) (mcrd) (Entered: 08/29/2014)
2014-08-29***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Fri Aug 29 10:54:06 CDT 2014 (crt) (Entered: 08/29/2014)
2015-01-069ORDER ACCEPTING 8 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge Jane J Boyle on 1/6/2015) (skt) (Entered: 01/07/2015)
2015-01-0610JUDGMENT: Plaintiff's lawsuit is summarily dismissed with prejudice pursuant to 28 USC § 1915(e)(2)(B). (Ordered by Judge Jane J Boyle on 1/6/2015) (skt) (Entered: 01/07/2015)
2015-01-07***Clerk's Notice of delivery: (see NEF for details) Docket No: 9, 10. Wed Jan 7 08:26:45 CST 2015 (crt) (Entered: 01/07/2015)
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by FOIA Project Staff
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