Cleary v. Davis-Director TDCJ-CID et al
Texas Northern District Court | |
Judge: | Sam A Lindsay |
Referred: | Irma Carrillo Ramirez |
Case #: | 3:17-cv-00722 |
Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
Case Filed: | Mar 13, 2017 |
Terminated: | Apr 06, 2018 |
Petitioner
Marvin Cleary
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Respondent
Lorie Davis-Director TDCJ-CID
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Respondent
Pardons and Parole Division
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Respondent
The State of Texas
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Docket last updated: 7 hours ago |
Thursday, July 19, 2018 | ||
27 | 27
2
pgs
order
Order on Motion for Reconsideration Order on Findings and Recommendations on Case
Thu 07/19 2:49 PM
ORDER accepting26 Findings and Recommendations. The Court denies25 Motion for Reconsideration. (Ordered by Judge Sam A Lindsay on 7/19/2018) (epm) |
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misc
Order Receipt
Thu 07/19 2:50 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:27. Thu Jul 19 14:50:39 CDT 2018 (crt) |
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Friday, April 20, 2018 | ||
26 | 26
motion
Findings and Recommendations
Fri 04/20 4:34 PM
Findings, Conclusions, and Recommendation re: the petitioner's25 Motion to Abate and Call for Reconsideration. Petitioner's motion should be construed as a Rule 59(e) motion and DENIED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 4/20/2018) (mcrd) |
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misc
Order Receipt
Fri 04/20 4:35 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:26. Fri Apr 20 16:35:04 CDT 2018 (crt) |
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Wednesday, April 18, 2018 | ||
25 | 25
motion
Reconsideration
Wed 04/18 10:58 AM
MOTION to Abate and call for Reconsideration re24 Judgment, filed by Marvin Cleary. (zkc) |
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Friday, April 06, 2018 | ||
24 | 24
order
Judgment
Fri 04/06 4:39 PM
JUDGMENT: This habeas action is dismissed with prejudice. [17 Administrative Record] (Ordered by Judge Sam A Lindsay on 4/6/2018) (axm) |
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23 | 23
3
pgs
order
Order Accepting/Adopting Findings and Recommendations
Fri 04/06 4:37 PM
Order Accepting20 Findings and Recommendations and Denying Certificate of Appealability. (Ordered by Judge Sam A Lindsay on 4/6/2018) (axm) |
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misc
Order Receipt
Fri 04/06 4:40 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:23, 24. Fri Apr 6 16:40:13 CDT 2018 (crt) |
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Friday, January 26, 2018 | ||
22 | 22
motion
Summary Judgment
Fri 01/26 11:49 AM
MOTION for Summary Judgment filed by Marvin Cleary. |
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Friday, December 08, 2017 | ||
21 | 21
respm
Response/Objection
Fri 12/08 3:54 PM
OBJECTION filed by Marvin Cleary re:20 Findings and Recommendations on Case re:3 Petition for Writ of Habeas Corpus. (epm) |
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Monday, November 20, 2017 | ||
20 | 20
motion
Findings and Recommendations
Mon 11/20 3:31 PM
Findings, Conclusions, and Recommendation: This petition for writ of habeas corpus should be DENIED with prejudice as barred by the statute of limitations. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 11/20/2017) (mcrd) |
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misc
Order Receipt
Mon 11/20 3:31 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Mon Nov 20 15:31:58 CST 2017 (crt) |
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Wednesday, July 05, 2017 | ||
19 | 19
respm
Response/Objection
Wed 07/05 3:04 PM
Supplemental Brief OBJECTION filed by Marvin Cleary re:15 Response to Habeas Petition. (ykp) |
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Monday, July 03, 2017 | ||
18 | 18
misc
Affidavit
Mon 07/03 12:31 PM
AFFIDAVIT by Marvin Cleary. (sss) |
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Thursday, June 15, 2017 | ||
17 | 17
misc
Administrative Record
Thu 06/15 9:47 AM
Administrative Record consisting of State court papers filed by Lorie Davis-Director TDCJ-CID. (Harp, Sarah) |
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Att: 1 Clerk's Record, | ||
Att: 2 Supp Clerk's Record, | ||
Att: 3 Appellant's Brief 6.22.11, | ||
Att: 4 State's Brief 7.14.11, | ||
Att: 5 Opinion & Judgment 3.26.12, | ||
Att: 6 Mandate 11.29.12, | ||
Att: 7 Loose Correspondence, | ||
Att: 8 PD-0456-12 (Original PDR), | ||
Att: 9 RR - Vol 1 of 6, | ||
Att: 10 RR - Vol 2 of 6, | ||
Att: 11 RR - Vol 3 of 6, | ||
Att: 12 RR - Vol 4 of 6, | ||
Att: 13 RR - Vol 5 of 6, | ||
Att: 14 RR - Vol 6 of 6, | ||
Att: 15 wr-53,913-01 writ received, | ||
Att: 16 wr-53,913-02 motion received, | ||
Att: 17 wr-53,913-02 writ received, | ||
Att: 18 WR-53,913-03 ACTION TAKEN OR-HC 11-23-16, | ||
Att: 19 WR-53,913-03 MOTION RECEIVED PRO SE 1-24-17, | ||
Att: 20 WR-53,913-03 WRIT RECEIVED OR-HC 11-4-16, | ||
Att: 21 WR-53,913-04 ACTION TAKEN WRIT 2-22-17, | ||
Att: 22 WR-53,913-04 MISC DOC RECD PRO SE 2-27-17, | ||
Att: 23 WR-53,913-04 WRIT RECEIVED 2-3-17 | ||
16 | 16
misc
Certificate Of Interested Persons/Disclosure Statement
Thu 06/15 9:35 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lorie Davis-Director TDCJ-CID. (Harp, Sarah) |
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15 | 15
answer
Response to Habeas Petition
Thu 06/15 9:30 AM
RESPONSE to3 Petition for Writ of Habeas Corpus,, filed by Lorie Davis-Director TDCJ-CID. (Harp, Sarah) |
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Friday, May 26, 2017 | ||
14 | 14
notice
Notice of Attorney Appearance
Fri 05/26 9:57 AM
NOTICE of Attorney Appearance by Sarah Miranda Harp on behalf of Lorie Davis-Director TDCJ-CID. (Filer confirms contact info in ECF is current.) (Harp, Sarah) |
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Thursday, May 11, 2017 | ||
misc
Order Receipt
Thu 05/11 8:01 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:13. Thu May 11 08:01:46 CDT 2017 (crt) |
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Wednesday, May 10, 2017 | ||
13 | 13
order
Order on Motion for Leave to Proceed In Forma Pauperis
Thu 05/11 8:01 AM
ORDER re: petitioner's12 Application to Proceed in Forma Pauperis. Because the filing fee has been received, the Application to Proceed in Forma Pauperis is DEEMED MOOT. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 5/10/2017) (mcrd) |
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Monday, May 08, 2017 | ||
12 | 12
motion
Proceed In Forma Pauperis
Mon 05/08 4:38 PM
MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Marvin Cleary. (axm) |
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Thursday, May 04, 2017 | ||
service
Certificate of Service
Thu 05/04 10:16 AM
Acknowledgment of Electronic Service re: Petition, supporting documents, if any, and Order(s) received by Office of Attorney General of Texas. Laura L Haney 5/4/2017. (axm) |
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Wednesday, May 03, 2017 | ||
11 | 11
misc
Remark
Wed 05/03 4:22 PM
Notice of Electronic service made to the Office of the Attorney General of Texas re3 Petition for Writ of Habeas Corpus,4 Brief/Memorandum in Support of Motion,5 Motion to Vacate,7 Order on Motion to Vacate,8 Response/Objection,10 Order to Show Cause/Order to Answer. (mcrd) |
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10 | 10
order
Order to Show Cause/Order to Answer
Wed 05/03 4:00 PM
Order to Show Cause, Notice, and Instructions to Parties. The clerk will electronically serve this order, the petition, and supporting documents to the designee for the Office of the Texas Attorney General. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 5/3/2017) (mcrd) |
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misc
Order Receipt
Wed 05/03 4:30 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Wed May 3 16:30:40 CDT 2017 (crt) |
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Friday, April 21, 2017 | ||
9 | 9
order
Order And Notice of Deficiency
Fri 04/21 4:37 PM
SECOND NOTICE OF DEFICIENCY AND ORDER: Marvin Cleary must address the following deficiency: You must either pay the $5 filing fee for a § 2254 case or submit an application to proceed in forma pauperis with the required certificate of inmate trust account within thirty (30) days of the date of this order. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). (Ordered by Magistrate Judge Irma Carrillo Ramirez on 4/21/2017) (sss) |
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Att: 1 IFP | ||
misc
Order Receipt
Fri 04/21 4:37 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Fri Apr 21 16:37:30 CDT 2017 (crt) |
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Monday, April 03, 2017 | ||
8 | 8
respm
Response/Objection
Mon 04/03 10:35 AM
RESPONSE re:6 Order And Notice of Deficiency filed by Marvin Cleary. (sss) |
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Thursday, March 16, 2017 | ||
7 | 7
order
Order on Motion to Vacate
Thu 03/16 9:55 AM
ORDER: Before the Court is the petitioner's Motion to Vacate a Void Judgment, received 3/13/2017 (doc.5 ). It is liberally construed as a brief in support of the habeas petition. The Clerk of Court shall add the notation, "(liberally construed as a brief in support of the habeas petition)", to the docket entry after the title of the filing and terminate the motion. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 3/16/2017) (sss) |
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misc
Order Receipt
Thu 03/16 9:56 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Thu Mar 16 09:56:27 CDT 2017 (crt) |
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Wednesday, March 15, 2017 | ||
6 | 6
order
Order And Notice of Deficiency
Wed 03/15 5:08 PM
NOTICE OF DEFICIENCY AND ORDER: Marvin Cleary must address the following deficiency: You have not paid the filing fee or submitted an application to proceed in forma pauperis with the required certificate of inmate trust account. 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. The Clerk of the Court shall mail the petitioner (1) a true copy of this order and (2) a form application to proceed in forma pauperis in a habeas case. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 3/15/2017) (epm) (epm) |
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Att: 1 (3/15/2017) IFP Form | ||
misc
Order Receipt
Wed 03/15 8:42 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Wed Mar 15 08:42:49 CDT 2017 (crt) |
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misc
Order Receipt
Wed 03/15 5:10 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Wed Mar 15 17:10:31 CDT 2017 (crt) |
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Monday, March 13, 2017 | ||
5 | 5
motion
Vacate
Wed 03/15 8:42 AM
MOTION to Vacate a Void Judgment filed by Marvin Cleary. (aaa) |
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4 | 4
respm
Brief/Memorandum In Support
Wed 03/15 8:40 AM
Brief/Memorandum in Support filed by Marvin Cleary re3 Petition for Writ of Habeas Corpus. (aaa) |
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3 | 3
cmp
Petition for Writ of Habeas Corpus
Wed 03/15 8:38 AM
PETITION for Writ of Habeas Corpus filed by Marvin Cleary. 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. (aaa) |
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2 | 2
notice
Notice and Instruction to Pro Se Party
Wed 03/15 8:38 AM
Notice and Instruction to Pro Se Party. (axm) |
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1 | 1
qcref
Lindsay
Tue 03/14 5:15 PM
New 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[LINK:national] and[LINK: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. (axm) |