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17-021 - Hill v. McKenzie et al


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17-021 - Hill v. McKenzie et al
March 2, 2017
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Memorandum Opinion and Order to Show Cause. On or before March 23, 2017, Mr. Myart shall provide an address for Mr. Hill, so that the Court can mail him a copy of this order directly. A failure to comply with this order may result in dismissal of this action for lack of jurisdiction or pursuant Fed. R. Civ.P. 41(b) without further notice. ( Show Cause Response due by 3/30/2017.) (Ordered by Magistrate Judge E. Scott Frost on 3/2/2017) (jak) Modified on 3/3/2017 (jak).
May 2, 2017
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Report and Recommendation. It is RECOMMENDED that the Court (1)DENY the Application to Proceed in District Court Without Prepaying Fees or Costs 3; (2) DISMISS this action 1 for lack of jurisdiction; and (3) SANCTION Mr. Myart as deemed warranted by the Court under the circumstances. Any jurisdictional dismissal should be without prejudice to Plaintiff filing a new civil action. The Clerk of Court shall REASSIGN this case to Senior District Judge Sam R. Cummings. The Clerk of Court shall mail a copy of this Recommendation to Plaintiff at the address provided in Case No. 1:17-CV-0025-BL and to Mr. Myart. Clerk to note the new address for Plaintiff on the docket of this action and is directed to mail a copy of the Memorandum Opinion and Order to Show Cause 6 and Order 8 dated April 5, 2017 to Plaintiff at that address. See Recommendation for further details. (Ordered by Magistrate Judge E. Scott Frost on 5/2/2017) (jak)
July 21, 2017
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Order. Upon review of the Objection filed by Mr. Myart, the Court finds that the objections contained therein should be OVERRULED. The Court finds that the findings and conclusions of the Magistrate Judge are correct and ADOPTS them as the findings and conclusions of the Court. The Court orders that: (1) each pending Application to Proceed in District Court Without Prepaying Fees of Costs is DENIED; (2) this action is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction because Mr. Myart lacks standing to file this action on his own behalf or on behalf of Plaintiffs Christopher and Harriet Hill, and because the filing on behalf of the Hills must be disregarded as a nullity; and (3) Mr. Myart is SANCTIONED. The Court imposes the following sanctions on Mr. Myart: (1) a filing bar is imposed on Mr. Myart in the United States District Court for the Northern District of Texas. The Clerk of Court shall accept no filing from Mr. Myart in any case without it having first been reviewed by a Judge of this District in the form of a motion for leave to file with attached proposed complaint; (2) a monetary sanction in the amount of $100.00 is imposed against Mr. Myart; (3) a copy of this Order is to be forwarded to the Unauthorized Practice of Law Committee of the State of Texas, P.O. Box 12487, Austin, Texas 78711-2487. Clerk's note: a copy of this Order has been mailed to the UPLC as instructed in the Order.(Ordered by Senior Judge Sam R Cummings on 7/21/2017) (jak)