Manzo v. Davis, Director, TDCJ-CID
| Texas Northern District Court | |
| Judge: | Sam R Cummings |
| Case #: | 5:17-cv-00034 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Feb 15, 2017 |
| Terminated: | Feb 23, 2017 |
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| Docket last updated: 04/25/2024 11:59 PM CDT |
| Thursday, February 23, 2017 | ||
| 6 | 6
order
Judgment
Thu 02/23 10:35 AM
JUDGMENT: For the reasons stated in the Court's Order of even date, it is ordered, adjudged, and decreed that, with the exception of the severed Ground 3, the cause is dismissed with prejudice. (Ordered by Senior Judge Sam R Cummings on 2/23/2017) (bdg) |
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| 5 | 5
order
Order
Thu 02/23 10:31 AM
ORDER: The Court therefore designates Petitioner's Ground 3 claims as civil rights claims and finds that they should be severed from the instant habeas petition. Accordingly, for the reasons set forth above, the Court finds: Grounds 1, 2, and 4 of Petitioner's Petition for Writ of Habeas Corpus by a Person in State Custody are DENIED and dismissed with prejudice for failure to state a claim. Ground 3 shall be construed as a civil rights complaint and severed from the instant habeas petition. The United States District Clerk is directed to open a new civil rights action by filing a copy of this Order, together with a copy of petitioner's habeas corpus petition, under a new cause number. The Clerk shall mail to Petitioner a 42 U.S.C. § 1983 complaint form marked "Amended Complaint" and bearing the Civil Action No. assigned to the severed civil rights claims. The Clerk shall also mail to Petitioner an application to proceed in forma pauperis and a certificate of inmate trust account. Petitioner shall, within twenty (20) days from the date of this Order, file an Amended Complaint on the § 1983 form provided by the Clerk. Any request for a certificate of appealability should be denied. All relief not expressly granted is denied. Any pending motions are denied. (Ordered by Senior Judge Sam R Cummings on 2/23/2017) (bdg) |
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misc
Order Receipt
Thu 02/23 10:35 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. Thu Feb 23 10:35:42 CST 2017 (crt) |
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| Wednesday, February 15, 2017 | ||
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notice
Notice and Instruction to Pro Se Party
Wed 02/15 2:27 PM
Notice and Instruction to Pro Se Party (bdg) |
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qcref
Cummings (West Texas)
Wed 02/15 2:27 PM
New Case Notes: A filing fee has not been paid. 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. (bdg) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Wed 02/15 2:25 PM
MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Roguelio Armando Manzo (bdg) |
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| 1 | 1
cmp
Petition for Writ of Habeas Corpus
Wed 02/15 2:25 PM
PETITION for Writ of Habeas Corpus filed by Roguelio Armando Manzo. 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:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (bdg) |
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misc
Order Receipt
Wed 02/15 2:28 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:3,4. Also mailed copy of Doc. No. 1 Wed Feb 15 14:28:29 CST 2017 (crt) |
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