Case: Tomasella v. Division of Child Support Services of Texas

Tomasella v. Division of Child Support et al

Tomasella v. Division of Child Support et al

Tomasella v. Division of Child Support et al

Tomasella v. Division of Child Support et al

Tomasella v. Division of Child Support et al

Tomasella v. Division of Child Support et al

Tomasella v. Division of Child Support et al

Tomasella v. Division of Child Support et al

Tomasella v. Division of Child Support et al

Tomasella v. Division of Child Support et al

U.S. Court of Appeals for the Fifth Circuit

New Case Notes: A filing fee has not been paid. CASREF 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. (zkc) (Entered: 03/28/2019)

Notice and Instruction to Pro Se Party. (zkc) (Entered: 03/28/2019)

***Clerk's Notice of delivery: (see NEF for details) Docket No: 1, 2. Thu Mar 28 15:59:27 CDT 2019 (crt)

COMPLAINT WITH JURY DEMAND against 86th District Court, Bryan W Beavers, Casey Blair, Ruth Blake, Division of Child Support, Rhonda Hughey, Kaufman County, Kaufman County Child Support, Warren Kenneth Paxton, Jr filed by Todd Michael Tomasella. 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. (zkc) (Entered: 03/28/2019)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Todd Michael Tomasella. (zkc) (Entered: 03/28/2019)

NOTICE OF DEFICIENCY AND ORDER: Todd Michael Tomasella must address the following deficiency: Tomasella must either pay the full filing fee or, if he so qualifies, complete in full, verify, and file an IFP motion by 4/29/2019. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). (Ordered by Magistrate Judge David L. Horan on 3/29/2019) (axm) (Entered: 03/29/2019)

ORDER REGARDING SUBJECT MATTER JURISDICTION: The Court ORDERS Tomasella to file no later than 4/29/2019 a written response to this order to show the Court that it has subject matter jurisdiction over this lawsuit. (Ordered by Magistrate Judge David L. Horan on 3/29/2019) (axm) (Entered: 03/29/2019)

***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. Fri Mar 29 16:39:06 CDT 2019 (crt)

RESPONSE filed by Todd Michael Tomasella to: 6 Order Regarding Subject Matter Jurisdiction. (zkc) (Entered: 04/23/2019)

FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should dismiss this action for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). (Ordered by Magistrate Judge David L. Horan on 4/29/2019) (zkc) (Entered: 04/29/2019)

***Clerk's Notice of delivery: (see NEF for details) Docket No: 8. Mon Apr 29 14:15:43 CDT 2019 (crt)

Todd Tomasella's Response to Court filed by Todd Michael Tomasella (ykp) (Entered: 05/14/2019)

Response/OBJECTION to 8 Findings and Recommendations by Todd Michael Tomasella (ykp) (Entered: 05/14/2019)

RESPONSE filed by Todd Michael Tomasella. (aaa) (Entered: 05/17/2019)

Order Accepting 8 Findings, Conclusions and Recommendation of the United States Magistrate Judge. (Ordered by Judge David C Godbey on 5/17/2019) (zkc) (Entered: 05/17/2019)

JUDGMENT: This action is DISMISSED for lack of subject matter jurisdiction. (Ordered by Judge David C Godbey on 5/17/2019) (zkc) (Entered: 05/17/2019)

***Clerk's Notice of delivery: (see NEF for details) Docket No: 12, 13. Fri May 17 16:43:22 CDT 2019 (crt)

NOTICE OF APPEAL to the Fifth Circuit by Todd Michael Tomasella. 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. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (zkc) (Entered: 05/29/2019)

MOTION for Leave to Proceed in forma pauperis on appeal re 14 Notice of Appeal filed by Todd Michael Tomasella. (zkc) (Entered: 05/29/2019)

***Clerk's Notice of delivery: (see NEF for details) Docket No:14. with Transcript Order Wed May 29 16:00:33 CDT 2019 (crt)

USCA Case Number 19-10614 in USCA5 for 14 Notice of Appeal filed by Todd Michael Tomasella. (axm)

USCA Case Number 19-10614 in USCA5 for 14 Notice of Appeal filed by Todd Michael Tomasella. (svc)

Request for Status filed by Todd Michael Tomasella. (aaa) (Entered: 06/28/2019)

Status request with Clerk's response re: 15 MOTION for Leave to Proceed in forma pauperis on appeal re 14 Notice of Appeal filed by Todd Michael Tomasella. (aaa) (Clerk's response added on 7/3/2019: # 1 Additional Page(s)) (aaa). (Entered: 06/28/2019)

Request to issue cease and desist to defendant Casey Lee Blair filed by Todd Michael Tomasella. (aaa) Modified docket text on 8/27/2019 (aaa). (Entered: 06/28/2019)

ORDER denying 15 Motion for Leave to Proceed In Forma Pauperis on Appeal. (Ordered by Judge David C Godbey on 7/15/2019) (zkc) (Entered: 07/15/2019)

***Clerk's Notice of delivery: (see NEF for details) Docket No: 19. Mon Jul 15 14:44:57 CDT 2019 (crt)

Confirmation of receipt of payment from Todd Michael Tomasella in the amount of $505.00. Transaction posted on 7/23/2019. Receipt number DS117768 processed by rc. (ali) Lifted restriction on 7/24/2019 (ali).

Record on Appeal for USCA5 19-10614 (related to 14 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (epm)

***Clerk's Notice of delivery: (see NEF for details) Docket No:. Notice of Record on Appeal. Fri Aug 2 11:31:23 CDT 2019 (crt)

Record on Appeal for USCA5 19-10614 (related to 14 appeal): transmitted to Todd Michael Tomasella by email. (axm)

NOTICE OF OBJECTION to 8 Findings and Recommendations by Todd Michael Tomasella, received from Fifth Circuit for processing in this Office on 8/26/2019. (axm) (Entered: 08/27/2019)

NOTICE of Cease and Desist filed by Todd Michael Tomasella. (epm) (Entered: 09/03/2019)

ORDER of USCA as to 14 Notice of Appeal filed by Todd Michael Tomasella. The appeal is dismissed for want of prosecution. (svc) (Entered: 12/11/2019)