Case: Fleming v. Warden T. Rule

Fleming v. Rule

COMPLAINT against United States of America, Warden T. Rule filed by Rhonda Fleming. 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. (wxc) (Entered: 02/21/2025)

Motion to Appoint Counsel and Temporary Restraining Order and/or Preliminary Injuction filed by Rhonda Fleming (wxc) (Entered: 02/21/2025)

Motion for Leave to Proceed in forma pauperis filed by Rhonda Fleming (wxc) (Entered: 02/21/2025)

New Case Notes: A filing fee has not been paid. (For court use only - links to the national index and to the prior sanctions found within the circuit index.) File to: appropriate staff attorney. Pursuant to 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wxc) (Entered: 02/21/2025)

Notice and Instruction to Pro Se Party (wxc) (Entered: 02/21/2025)

NOTICE OF DEFICIENCY AND ORDER: Rhonda Fleming must address the following deficiency: Fleming has not paid the $405 filing fee or filed a proper application to proceed in forma pauperis (IFP). Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 30 days. (Ordered by Judge Reed C. O'Connor on 2/21/2025) (Attachments: # 1 Prisoner IFP Form) (wxc) (Entered: 02/21/2025)

***Clerk's Notice of delivery: (see NEF for details) Docket No:4,5. Fri Feb 21 12:25:36 CST 2025 (crt)

Order Receipt

***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Fri Feb 21 15:45:28 CST 2025 (crt)

Terminate Motion Referral

Motion 2, 3 Terminated: Fleming's pending IFP motion is DENIED without prejudice to her right to file a proper IFP application as instructed by the Court. See Mot., ECF No. 3 .In addition, Fleming's motion for the Court to appoint her counsel is DENIED without prejudice as premature. See Mot., ECF No. 2 . (See Order 6 ) (wxc)

Emergency Injunctive Relief filed by Rhonda Fleming (wxc) (Entered: 03/11/2025)

MOTION for Leave to Proceed in forma pauperis filed by Rhonda Fleming (wxc) (Entered: 03/11/2025)

Declaration in Support of Plaintiff's re: 7 MOTION filed by Rhonda Fleming (wxc) (Entered: 03/11/2025)

Declaration of Sarah Berry filed by Rhonda Fleming (wxc) (Entered: 03/17/2025)

Order and Notice of Deficiency: Rhonda Fleming must address the following deficiency: pay the $405 filing fee or file an application to proceed in forma pauperis (IFP). Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 30 days. (Ordered by Judge Reed C. O'Connor on 3/25/2025) (wxc) (Entered: 03/25/2025)

Order Receipt

***Clerk's Notice of delivery: (see NEF for details) Docket No:11. copy of this order to the warden of FMC Carswell. Tue Mar 25 14:58:50 CDT 2025 (crt)

Public correspondence filed, deputy clerk response attached, received from Rhonda Fleming. (Requested forms mailed) (wxc) (Entered: 04/08/2025)

MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Rhonda Fleming. (tle) (Entered: 04/08/2025)

Letter Brief to the Court in Support of Granting a Evidentiary and Issuance of Injunctive Relief filed by Rhonda Fleming (wxc) (Entered: 04/08/2025)

***VACATED PER 21 ORDER*** ORDER denying 12 : For these reasons, the Court DENIES Fleming's IFP application and DISMISSES her complaint without prejudice as barred by 28 U.S.C. § 1915(g). However, if Fleming pays the $405 filing fee for this action to the clerk of Court by April 24, 2025, the Court will sua sponte reopen this case and screen her compliant under 28 U.S.C. § 1915A. (Ordered by Judge Reed C. O'Connor on 4/15/2025) (wxc) Modified docket text per 21 Order on 5/22/2025 (jnp). (Entered: 04/15/2025)

***VACATED PER 21 ORDER*** ORDER:In accordance with the Court's order of dismissal entered this day and Federal Rule of Civil Procedure 58, is the final judgment of the Court that Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE. See FED. R. CIV. P. 58. (Ordered by Judge Reed C. O'Connor on 4/15/2025) (wxc) Modified docket text per 21 Order on 5/22/2025 (jnp). (Entered: 04/15/2025)

Order Receipt

***Clerk's Notice of delivery: (see NEF for details) Docket No:15,16. Tue Apr 15 17:08:14 CDT 2025 (crt)

AMENDED COMPLAINT WITH JURY DEMAND against United States of America, Warden T. Rule filed by Rhonda Fleming. 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. (wxc) (Entered: 04/18/2025)

Plaintiff's Motion to Reopen Case and Grant 30 Days to Pay Filing Fee filed by Rhonda Fleming (wxc) (Entered: 05/06/2025)

ORDER: The Court DENIES the 18 motion. Plaintiff did not pay the filing fee by April 24, and the Court will not peremptorily reopen this case without prepayment of the filing fee. (Ordered by Judge Reed C. O'Connor on 5/9/2025) (bdb) (Entered: 05/09/2025)

Order Receipt

***Clerk's Notice of delivery: (see NEF for details) Docket No:19. Fri May 9 13:32:29 CDT 2025 (crt)

Plaintiff's Motion to Reopen Case filed by Rhonda Fleming (wxc) (Entered: 05/21/2025)

ORDER: After review, the Court finds that there is good cause to reopen this case and GRANTS Fleming's 20 motion. The Court therefore VACATES its April 15 15 dismissal order and 16 judgment and ORDERS as follows: Service of process will be withheld pending judicial screening of Fleming's 17 first amended complaint under 28 U.S.C. § 1915A. (Ordered by Judge Reed C. O'Connor on 5/22/2025) (jnp) (Entered: 05/22/2025)

Order Receipt

***Clerk's Notice of delivery: (see NEF for details) Docket No:21. Thu May 22 12:41:32 CDT 2025 (crt)

ORDER: After reviewing Fleming's first amended complaint 1, it is unclear whether her claims have plausible merit. To further develop the facts underlying Fleming's claims, the court ORDERS her to complete the attached questionnaire and file it with the clerk of court within 30 days. (Ordered by Judge Reed C. O'Connor on 6/5/2025) (sre) (Entered: 06/05/2025)

Order Receipt

***Clerk's Notice of delivery: (see NEF for details) Docket No:22. Thu Jun 5 14:50:27 CDT 2025 (crt)

Status Request by Rhonda Fleming. (Doc 22 remailed to plaintiff). (sre) (Entered: 06/23/2025)

Request for Copy of Order 22 by Rhonda Fleming (document previously remailed on 6/23/25) (mmw) (Entered: 07/01/2025)

ORDER: the Court GRANTS the motion 24 and will provide Fleming additional time to answer the Court's questionnaire. If Fleming intends to proceed with this action, she must complete and file her answers to the Court's June 5 screening questionnaire by July 25, 2025. If Fleming does not timely comply, the Court will, without further notice, dismiss this action without prejudice for failure to prosecute. See FED. R. CIV. P. 41(b). (Ordered by Judge Reed C. O'Connor on 7/7/2025) (wxc) (Entered: 07/07/2025)

Order Receipt

***Clerk's Notice of delivery: (see NEF for details) Docket No:25,22. Mailed to Fleming and the acting warden of FMC Carswell Mon Jul 7 15:38:16 CDT 2025 (crt)

Plaintiff's Motion for Temporary Restraining Order filed by Rhonda Fleming (wxc) (Additional attachment(s) added on 7/9/2025: # 1 Exhibit(s) Exhibits in Support of Temporary Restriaing Order) (wxc). (Entered: 07/09/2025)

Plaintiff's Answers to the Court's Questionnaire filed by Rhonda Fleming re: Order 22, 25 . (wxc) (Entered: 07/15/2025)

Plaintiff's Motion for Evidentiary Hearing and Motion to Subpoena Witnesses filed by Rhonda Fleming (wxc) (Entered: 07/15/2025)

***STRICKEN PER 31 ORDER*** SECOND AMENDED COMPLAINT against William Marshall III, United States of America, Warden T. Rule, Unknown Author of BOP Transgender Policy filed by Rhonda Fleming. 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. (wxc) Modified docket text on 8/27/2025 (bdb). (Entered: 07/15/2025)

NOTICE re: 27 Response/Objection filed by Rhonda Fleming. (sre) (Entered: 07/17/2025)

ORDER:Because Fleming did not seek or obtain prior Court approval to file her second amended complaint, in accordance with its May 22 order, the Court STRIKES it from the docket sheet of this action. Fleming's first amended complaint (ECF No. 17 ) and recent answers to the Court's screening questionnaire (ECF No. 27 ) constitute the live claims that remain pending judicial screening under § 1915A. (Ordered by Judge Reed C. O'Connor on 7/18/2025) (wxc) (Entered: 07/18/2025)

ORDER: The Court therefore DENIES Fleming's motion forpreliminary injunctive relief without prejudice on procedural grounds only. See Mot., ECF No. 26 . If she desires, Fleming may renew her motion after Defendants receive proper notice thereof. For the same reasons, Fleming's related motion asking the Court to subpoena witnesses and set an evidentiary hearing are DENIED without prejudice. See Mot., ECF No. 28 . (Courtesy copy of docket sheet mailed) (Ordered by Judge Reed C. O'Connor on 7/18/2025) (wxc) (Entered: 07/18/2025)

ORDER: The Court DIRECTS the clerk of Court to reassign this case to United States District Judge Sidney A. Fitzwater. This case will now be numbered Civil Action No. 4:25-CV-00157-D. Judge Reed C. O'Connor no longer assigned to case. (Ordered by Judge Reed C. O'Connor on 7/18/2025) (wxc) (Entered: 07/18/2025)

New Case Notes: A filing fee has not been paid. (see Special Order 3). 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 Cureton). Clerk to provide copy to plaintiff if not received electronically. (wxc) Modified on 7/21/2025 (wxc). (Entered: 07/18/2025)

Order Receipt

***Clerk's Notice of delivery: (see NEF for details) Docket No:31,32. Fri Jul 18 14:48:13 CDT 2025 (crt)

***Clerk's Notice of delivery: (see NEF for details) Docket No:33,34. Mon Jul 21 07:59:52 CDT 2025 (crt)

Order Receipt

Plaintiff's Motion to Supplement/Add Defendant filed by Rhonda Fleming (wxc) (Entered: 07/22/2025)

Plaintiff's Motion to File Questionnaire and Hold the Case in Abeyance for 30 Days filed by Rhonda Fleming (wxc) (Entered: 07/22/2025)

ORDER denying 35, 36 : Fleming has since filed two motions that appear to have been mailed to the court before she received notice of Judge O'Connor's July 18 orders. In her first motion, Fleming seeks to correct the name of Unknown Author of Transgender Policy to Alix McLaren. ECF No. 35 . Because Fleming's second amended complaint was stricken, it is no longer a live pleading, and this defendant is not a named party to this action. In turn, the court concludes that there is nothing to correct and denies Fleming's motion as moot. (Ordered by Senior Judge Sidney A Fitzwater on 7/23/2025) (wxc) (Entered: 07/23/2025)

Order Receipt

***Clerk's Notice of delivery: (see NEF for details) Docket No:37. Wed Jul 23 11:55:36 CDT 2025 (crt)

MOTION for Temporary Restraining Order And/Or Preliminary Injunction filed by Rhonda Fleming (mmw) (Entered: 07/31/2025)

Motion to Vacate Stay filed by Rhonda Fleming (wxc) (Entered: 08/13/2025)

ORDER: Pro se plaintiff Rhonda Fleming's August 12, 2025 39 motion to vacate stay is granted, and her motion to expedite proceedings for injunctive relief is denied without prejudice. (Ordered by Senior Judge Sidney A Fitzwater on 8/27/2025) (bdb) (Entered: 08/27/2025)

ORDER: Member case 4:25-cv-438-D consolidated with lead case 4:25-cv-157-D. Miriam Crystal Herrera added to case pursuant to consolidation. (Ordered by Senior Judge Sidney A Fitzwater on 8/27/2025) (bdb) (Entered: 08/27/2025)

(originally filed in member case 4:25-cv-438-D) First AMENDED COMPLAINT WITH JURY DEMAND against William Marshall III, Warden T. Rule filed by Miriam Crystal Herrera. 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. (bdb) (Entered: 08/27/2025)

(originally filed in member case 4:25-cv-438-D) MOTION to Appoint Counsel filed by Miriam Crystal Herrera. (bdb) (Entered: 08/27/2025)

(originally filed in member case 4:25-cv-438-D) Consolidated Plaintiff's Answers to the Court's Questionnaire filed by Miriam Crystal Herrera. (bdb) (Entered: 08/27/2025)

ORDER: The court appoints the following attorneys and law firm to represent the plaintiffs in this action: Brown Fox PLLC, and attorneys Cort Thomas, Paulette Miniter, C. Alan Carrillo, and Andrew C. Debter of that firm. A United States deputy marshal shall serve defendants in accordance with Rule 4(i), which governs service on the United States and its agencies, officers, and employees. (Ordered by Senior Judge Sidney A Fitzwater on 8/27/2025) (bdb) (Entered: 08/27/2025)

Summons issued as to William Marshall III, Warden T. Rule, U.S. Attorney, and U.S. Attorney General. (Summons, USM-285, and copies of documents 17, 42 Amended Complaints, 27, 44 Answers to Court's Questionnaires, 38 Motion, 45 Order provided to USMS) (Attachments: # 1 Additional Page(s) USM-285) (bdb) (Entered: 08/27/2025)

***Clerk's Notice of delivery: (see NEF for details) Docket No:40. Wed Aug 27 12:41:43 CDT 2025 (crt)

Order Receipt

***Clerk's Notice of delivery: (see NEF for details) Docket No:41. Wed Aug 27 12:54:47 CDT 2025 (crt)

Plaintiff's Motion to Extend the Stay filed by Rhonda Fleming (wxc) (Entered: 08/28/2025)

USM-285 SUMMONS Returned Executed as to William Marshall III ; served on 9/2/2025; Warden T. Rule ; served on 9/2/2025. (Attachments: # 1 USM-285) (wxc) (Entered: 09/02/2025)

USM-285 SUMMONS Returned Executed as to Warden T. Rule on 9/2/25. (wxc) (Entered: 09/04/2025)

SUMMONS Returned Unexecuted as to William Marshall III. (wxc) (Entered: 10/06/2025)

NOTICE of Attorney Appearance by Lisa Robin Hasday-DOJ on behalf of William Marshall III, Unknown Author of BOP Transgender Policy, Warden T. Rule. (Filer confirms contact info in ECF is current.) (Hasday-DOJ, Lisa) (Entered: 10/29/2025)

MOTION to Reset Response Deadline filed by William Marshall III, Unknown Author of BOP Transgender Policy, Warden T. Rule (Hasday-DOJ, Lisa) (Entered: 10/29/2025)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by William Marshall III, Unknown Author of BOP Transgender Policy, Warden T. Rule. (Clerk QC note: No affiliate entered in ECF). (Hasday-DOJ, Lisa) (Entered: 10/29/2025)

ORDER granting 52 MOTION to Reset Response Deadline filed by William Marshall III, Unknown Author of BOP Transgender Policy, Warden T. Rule. (Ordered by Senior Judge Sidney A Fitzwater on 10/29/2025) (Senior Judge Sidney A Fitzwater) (Entered: 10/29/2025)

ELECTRONIC ORDER terminating 38 MOTION for Temporary Restraining Order And/Or Preliminary Injunction filed by Rhonda Fleming and 47 Plaintiffs' Motion to Extend the Stay filed by Rhonda Fleming. These motions, filed pro se, are terminated without prejudice to being re-filed, in whole or in part, if plaintiffs' appointed counsel choose to do so. (Ordered by Senior Judge Sidney A Fitzwater on 10/29/2025) (Senior Judge Sidney A Fitzwater) (Entered: 10/29/2025)

Order on Motion for Extension of Time AND Order on Motion for TRO

Unopposed MOTION for Leave to File Amended Complaint filed by Rhonda Fleming, Miriam Crystal Herrera (Attachments: # 1 Exhibit(s) A - Amended Complaint, # 2 Proposed Order). Party Pamela Bondi added. (Thomas, Cort) (Entered: 11/03/2025)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Rhonda Fleming, Miriam Crystal Herrera. (Clerk QC note: No affiliate entered in ECF). (Thomas, Cort) (Entered: 11/03/2025)

MOTION for Temporary Restraining Order and Preliminary and Permanent Injunction filed by Rhonda Fleming, Miriam Crystal Herrera with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Thomas, Cort) (Entered: 11/03/2025)

1 Proposed Order

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Appendix in Support filed by Rhonda Fleming, Miriam Crystal Herrera re 58 MOTION for Temporary Restraining Order and Preliminary and Permanent Injunction (Thomas, Cort) (Entered: 11/03/2025)

ELECTRONIC ORDER granting 56 Unopposed MOTION for Leave to File Amended Complaint filed by Rhonda Fleming, Miriam Crystal Herrera. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Senior Judge Sidney A Fitzwater on 11/4/2025) (Senior Judge Sidney A Fitzwater) (Entered: 11/04/2025)

Plaintiff's Verified AMENDED COMPLAINT against William K. Marshall III, United States of America, Warden T. Rule, Pamela J. Bondi filed by Rhonda Fleming, Miriam Crystal Herrera. 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. (wxc) (Entered: 11/04/2025)

SCHEDULING ORDER re 58 MOTION for Temporary Restraining Order filed by Rhonda Fleming, Miriam Crystal Herrera. Response due 11/10/25. Reply due 11/12/25. If the parties can agree to a TRO that would remain in effect until the court can hear and decide plaintiffs' preliminary injunction application, they should submit a proposed TRO instead of the response and reply required by this order. (Ordered by Senior Judge Sidney A Fitzwater on 11/4/2025) (Senior Judge Sidney A Fitzwater) (Entered: 11/04/2025)

ORDER: Scheduling Proposal Due Date: December 2, 2025. This order is entered pursuant to Fed. R. Civ. P. 16(b) and 26(f) and the court's Civil Justice Expense and Delay Reduction Plan (the Plan) to facilitate entry of a scheduling order under Rule 16(b). The order also contains preliminary information intended to help the parties comply with the applicable rules and procedures. The Federal Rules of Civil Procedure and the local civil rules in effect on the date of this order, together with amendments to these rules that take effect while the case is pending, apply to this case. (Ordered by Senior Judge Sidney A Fitzwater on 11/4/2025) (sre) (Entered: 11/04/2025)

Order on Motion for Leave to File

MOTION for Unopposed Motion for Leave to Exceed Page Limitation in Motion for Temporary Restraining Order and Preliminary and Permanent Injunction re 58 MOTION for Temporary Restraining Order and Preliminary and Permanent Injunction filed by Rhonda Fleming, Miriam Crystal Herrera (Attachments: # 1 Proposed Order) (Thomas, Cort) (Entered: 11/05/2025)

ELECTRONIC ORDER granting 64 Unopposed MOTION for Leave to Exceed Page Limitation in Motion for Temporary Restraining Order and Preliminary and Permanent Injunction re 58 MOTION for Temporary Restraining Order and Preliminary and Permanent Injunction filed by Rhonda Fleming, Miriam Crystal Herrera. (Ordered by Senior Judge Sidney A Fitzwater on 11/5/2025) (Senior Judge Sidney A Fitzwater) (Entered: 11/05/2025)

Order on Motion for Miscellaneous Relief

Request for Clerk to issue Summons to Pamela J. Bondi filed by Rhonda Fleming, Miriam Crystal Herrera. (Thomas, Cort) (Entered: 11/07/2025)

Request for Clerk to issue Summons to The United States of America filed by Rhonda Fleming, Miriam Crystal Herrera. (Thomas, Cort) (Entered: 11/07/2025)

MOTION to Intervene filed by Elizabeth Ann Hardin, Brenda Leigh Kirk (Attachments: # 1 Proposed Order). Party Elizabeth Ann Hardin; Brenda Leigh Kirk added.Attorney John Greil added to party Elizabeth Ann Hardin(pty:intvp), Attorney John Greil added to party Brenda Leigh Kirk(pty:intvp) (Greil, John) (Entered: 11/10/2025)

1 Proposed Order

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Brief/Memorandum in Support filed by Elizabeth Ann Hardin, Brenda Leigh Kirk re 68 MOTION to Intervene (Attachments: # 1 Exhibit(s) A: Proposed Complaint-in-Intervention) (Greil, John) (Entered: 11/10/2025)

1 Exhibit(s) A: Proposed Complaint-in-Intervention

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Summons issued as to United States of America, U.S. Attorney, and U.S. Attorney General. (wxc) (Entered: 11/10/2025)

Summons Issued as to Pamela J. Bondi, U.S. Attorney, and U.S. Attorney General. (wxc) (Main Document 71 replaced on 11/13/2025) (wxc) (Entered: 11/10/2025)