Skip to content

Case Detail

[Subscribe to updates]
Case TitleNeal v. Burns
DistrictNorthern District of Texas
CityDallas
Case Number3:2019cv02908
Date Filed2019-12-09
Date Closed2023-01-27
JudgeJudge David C Godbey
PlaintiffAlex Neal
Case DescriptionAlex Neal, a state prisoner in Texas, filed suit against Robert Burns, Chief Justice of Texas for disclosure of records related to his conviction. This is not a FOIA claim.
Complaint issues: FOIA not mentioned

DefendantRobert D Burns, III Chief Justice, State of Texas
Documents
Docket
Complaint
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-12-091New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Ramirez (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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) (Entered: 12/10/2019)
2019-12-092***DISREGARD*** Notice and Instruction to Pro Se Party (hml) Modified on 12/10/2019 (hml). (Entered: 12/10/2019)
2019-12-093COMPLAINT WITH JURY DEMAND against Robert Burns, III filed by Alex Perry Neal. 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: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (hml) (Entered: 12/10/2019)
2019-12-094MOTION for Leave to Proceed in forma pauperis filed by Alex Perry Neal (hml) (Entered: 12/10/2019)
2019-12-095Notice and Instruction to Pro Se Party (hml) (Entered: 12/10/2019)
2019-12-10***Clerk's Notice of delivery: (see NEF for details) Docket No:1. Tue Dec 10 16:50:59 CST 2019 (crt) (Entered: 12/10/2019)
2019-12-10***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Tue Dec 10 17:02:02 CST 2019 (crt) (Entered: 12/10/2019)
2019-12-116Magistrate Judge's Questionnaire sent to ALEX PERRY NEAL. Deadline to respond to the questionnaire is 14 days. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 12/11/2019) (mcrd) (Entered: 12/12/2019)
2019-12-117ORDER FOR ADDITIONAL FINANCIAL INFORMATION: The plaintiff must complete the enclosed Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) and return it within fourteen (14) days from the date of this order. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 12/11/2019) (Attachments: # 1 A0239) (ykp) (Entered: 12/12/2019)
2019-12-12***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Thu Dec 12 09:15:38 CST 2019 (crt) (Entered: 12/12/2019)
2019-12-12***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Thu Dec 12 09:27:16 CST 2019 (crt) (Entered: 12/12/2019)
2019-12-238RESPONSE filed by Alex Perry Neal re: 6 Judge's Questionnaire (rekc) (Entered: 12/26/2019)
2019-12-239MOTION for Leave to Proceed in forma pauperis filed by Alex Perry Neal (rekc) (Entered: 12/26/2019)
2019-12-2310Petition for Admission Pro Hac Vice (Request to become an ECF Electronic Filing User) filed by Alex Neal. (rekc) (Entered: 12/26/2019)
2019-12-2711Order and Notice of Deficiency: Before the Court is the plaintiff's Application to Proceed Without Prepayment of Fees or Costs, received on 12/23/2019 (doc. 9 ). Based on the new application, the plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit, filed 12/9/2019 (doc. 4 ), is DEEMED MOOT. The current application states that the plaintiff is in the custody of the State of Texas. His application therefore does not provide enough information for determination of whether in forma pauperis status is appropriate because it is not accompanied by a properly signed certificate of inmate trust account. Please submit a properly signed Certificate of Inmate Trust Account within thirty (30) days of the date of this order. The Clerk of the Court shall mail plaintiff a true copy of this order and a blank form certificate of inmate trust account. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 12/27/2019) (Attachments: # 1 Certificate of Inmate Trust Account) (axm) (Entered: 12/30/2019)
2019-12-2712ORDER re: 10 Petition for Admission Pro Hac Vice. To the extent that the plaintiff in this case seeks to register for ECF without complying with the applicable requirements, his motion is DENIED. He must comply with the applicable requirements and follow the instructions provided on the Court's website in order to register for ECF. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 12/27/2019) (axm) (Entered: 12/30/2019)
2019-12-2713Second Judge's Questionnaire sent to Alex Perry Neal. Deadline to respond to the questionnaire is 14 days. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 12/27/2019) (axm) (Entered: 12/30/2019)
2019-12-3014MOTION to Disqualify Judge filed by Alex Neal with Brief/Memorandum in Support. (Neal, Alex) Modified title on 12/31/2019 (mla). (Entered: 12/30/2019)
2019-12-3015REPLY filed by Alex Neal re: 13 Judge's Questionnaire (Neal, Alex) (Entered: 12/30/2019)
2020-01-0216ORDER denying the plaintiff's 14 Motion to Disqualify Judge. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 1/2/2020) (mcrd) (Entered: 01/02/2020)
2020-01-0217ORDER granting the plaintiff's 9 Application to Proceed Without Prepayment of Fees or Costs. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 1/2/2020) (mcrd) (Entered: 01/02/2020)
2020-02-2518***UNFILED*** First Combined Request for Clerks Entry of Default and MOTION for Default Judgment against Robert D Burns, III filed by Alex Neal with Brief/Memorandum in Support. (Neal, Alex) Modified on 2/26/2020 (ndt). (Entered: 02/25/2020)
2020-02-2619ORDER: Before the Court is Plaintiff's Motion for Entry of Default and Default Judgment, filed on February 25, 2020 (doc. 18 ). The order granting the plaintiff IFP status expressly provided that service of process would be withheld pending completion of judicial screening as provided by 28 U.S.C. § 1915(e)(2). (See doc. 17 .) The judicial screening required by statute has not yet been completed. Accordingly, the Court has not yet ordered service of process as provided by Fed. R. Civ. P. 4(c)(3), and will not order service of process until the judicial screening is completed. Because the defendant has not yet been ordered served, entry of default in not warranted, and the plaintiff's motion is ORDERED UNFILED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 2/26/2020) (ndt) (Entered: 02/26/2020)
2022-12-2920Findings, Conclusions, and Recommendation: Based on the relevant findings and applicable law, the case should be DISMISSED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 12/29/2022) (mcrd) (Entered: 12/30/2022)
2023-01-2721Order Accepting 20 Findings and Recommendations on Case re: 3 Complaint. (Ordered by Chief District Judge David C Godbey on 1/27/2023) (ndt) (Entered: 01/30/2023)
2023-01-2722JUDGMENT: This Final Judgment is issued under Federal Rule of Civil Procedure 58(a). It is ORDERED, ADJUDGED and DECREED that: The plaintiff's alternative claims for monetary damages against the State of Texas and the Chief Justice in his official capacity are DISMISSED without prejudice pursuant to the Eleventh Amendment. The remainder of the plaintiff's claims are DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B) as frivolous or for failure to state a claim upon which relief may be granted. The Clerk shall transmit a true copy of this judgment and the Order Accepting the Findings and Recommendation of the United States Magistrate Judge to the plaintiff. (Ordered by Chief District Judge David C Godbey on 1/27/2023) (ndt) (Entered: 01/30/2023)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar