Berman v. Davis-Director TDCJ-CID
| Texas Northern District Court | |
| Judge: | Reed C O'Connor |
| Case #: | 4:20-cv-00599 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Jun 09, 2020 |
| Terminated: | Jan 13, 2021 |
Petitioner
Joseph Mitchell Berman
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Respondent
Director, TDCJ-CID
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GPO
Jan 13 2021
OPINION AND ORDER: For the reasons discussed, the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DISMISSED as time-barred. Further, for the reasons discussed, a certificate of appealability is DENIED. All motions not previously ruled upon are DENIED. (Ordered by Judge Reed C. O'Connor on 1/13/2021) (tln) |
| Docket last updated: 05/12/2025 11:59 PM CDT |
| Thursday, April 21, 2022 | ||
| 36 | 36
1
pgs
order
Order on Motion for Sanctions
Thu 04/21 4:50 PM
ORDER: The Court has considered the "Motion to/for Restraint/Sanction" filed by Petitioner, Joseph Mitchell Berman, and finds that it should be denied. The case has been closed for over one year and there is nothing pending to which the motion could pertain. (Ordered by Judge Reed C. O'Connor on 4/21/2022) (sre) |
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| 35 | 35
motion
Sanctions
Thu 04/21 2:51 PM
MOTION for Restraint Sanction filed by Joseph Mitchell Berman (npk) |
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misc
Order Receipt
Thu 04/21 4:53 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:36. Thu Apr 21 16:53:25 CDT 2022 (crt) |
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| Wednesday, April 13, 2022 | ||
| 34 | 34
notice
Notice (Other)
Thu 04/14 1:14 PM
Court's Copy of Motion for Clarification Requested filed by Joseph Mitchell Berman at the U.S. Court of Appeals 5th Circuit 21-10066 (tle) |
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| Thursday, April 01, 2021 | ||
| 33 | 33
notice
Notice (Other)
Tue 04/06 11:19 AM
Court's Copy of Documents received addressed to U.S. Court of Appeals Fifth Circuit 21-10066 re:31 USCA Order of Dismissal, filed by Joseph Mitchell Berman. [Documents received at USCA5 on 3/31/2001]. (tle) |
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Att: 1
Additional Page(s) Notice to Court of Appeals of District Court's Indicative Ruling & Request for Remand,
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Att: 2
Notice of Constitutional Question,
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Att: 3
Petitioner's Memorandum In Support of Motion for Relief from Judgment,
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Att: 4
Memorandum In Support of Motion for Relief of Judgment,
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Att: 5
Additional Page(s)
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| Monday, March 08, 2021 | ||
| 32 | 32
1
pgs
order
Order And Notice of Deficiency
Mon 03/08 3:04 PM
Order and Notice of Deficiency: Joseph Mitchell Berman must address the following deficiency: An application to proceed in forma pauperis accompanied by a certificate of inmate trust account, or institutional equivalent, completed and executed by an authorized officer of the institution, reflecting the amount of funds in Petitioners inmate account has not been submitted. 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 3/8/2021) (tln) |
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Att: 1
IFP
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misc
Order Receipt
Mon 03/08 3:05 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:32. Mon Mar 8 15:05:29 CST 2021 (crt) |
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| Friday, March 05, 2021 | ||
| 31 | 31
appeal
USCA Order
Fri 03/05 1:54 PM
ORDER of USCA 21-10066 as to28 Notice of Appeal, filed by Joseph Mitchell Berman. Under 5TH Cir. R. 42.3, the appeal is dismissed as of March 5, 2021, for want of prosecution. The appellant failed to timely pay the filing fee. Issued as mandate: 3/5/2021. (tle) |
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Att: 1
USCA5 Cover Letter
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| Monday, February 22, 2021 | ||
| 30 | 30
motion
Miscellaneous Relief
Mon 02/22 12:09 PM
MOTION of Notice filed by Joseph Mitchell Berman. (tln) |
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| Monday, February 08, 2021 | ||
| 29 | 29
appeal
USCA Case Number
Mon 02/08 3:45 PM
USCA Case Number 21-10066 in USCA5 for28 Notice of Appeal, filed by Joseph Mitchell Berman. (tle) |
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| Thursday, January 28, 2021 | ||
| 28 | 28
appeal
Notice of Appeal
Thu 01/28 2:47 PM
NOTICE OF APPEAL as to26 Opinion and Order,27 Judgment, to the Fifth Circuit by Joseph Mitchell Berman. T.O. form to appellant electronically at[LINK: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[LINK: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. (tln) |
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| Wednesday, January 13, 2021 | ||
| 27 | 27
order
Judgment
Wed 01/13 8:32 AM
FINAL JUDGMENT: In accordance with its opinion and order signed this day, the petition of Joseph Mitchell Berman under 28 U.S.C. § 2254 in the above-captioned action is DISMISSED as time-barred. re:21 Administrative Record (Ordered by Judge Reed C. O'Connor on 1/13/2021) (tln) |
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| 26 | 26
4
pgs
order
Memorandum Opinion and Order
Wed 01/13 8:28 AM
OPINION AND ORDER: For the reasons discussed, the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DISMISSED as time-barred. Further, for the reasons discussed, a certificate of appealability is DENIED. All motions not previously ruled upon are DENIED. (Ordered by Judge Reed C. O'Connor on 1/13/2021) (tln) |
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misc
Order Receipt
Wed 01/13 8:33 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:26,27. Wed Jan 13 08:33:23 CST 2021 (crt) |
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| Thursday, January 07, 2021 | ||
| 25 | 25
motion
Sanctions
Thu 01/07 3:51 PM
MOTION to\for Restraint\Sanction filed by Joseph Mitchell Berman. (tln) |
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| Monday, January 04, 2021 | ||
| 24 | 24
2
pgs
order
Order on Motion for Sanctions
Mon 01/04 2:04 PM
ORDER denying23 MOTION to/for Restraint/Sanction. (see order) (Ordered by Judge Reed C. O'Connor on 1/4/2021) (tln) |
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misc
Order Receipt
Mon 01/04 2:05 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:24. Mon Jan 4 14:05:24 CST 2021 (crt) |
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| Tuesday, December 29, 2020 | ||
| 23 | 23
motion
Sanctions
Tue 12/29 1:17 PM
MOTION to/for Restraint/Sanction filed by Joseph Mitchell Berman. (tln) |
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| Wednesday, November 04, 2020 | ||
| 22 | 22
1
pgs
order
Order on Motion for Sanctions
Wed 11/04 10:41 AM
ORDER denying18 Motion to\for Restraint\Sanction. (Ordered by Judge Reed C. O'Connor on 11/4/2020) (tln) |
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misc
Order Receipt
Wed 11/04 10:42 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:22. Wed Nov 4 10:42:19 CST 2020 (crt) |
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| Friday, October 30, 2020 | ||
| 21 | 21
misc
Administrative Record
Fri 10/30 2:18 PM
Administrative Record consisting of State court papers filed by Director, TDCJ-CID. (Manojlovich, Jessica) |
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Att: 1
1 DA01_DOCKET SHEET 082520,
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Att: 2
2 DA02_CLERK'S RECORD 070512,
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Att: 3
3 DA03CLERK'S RECORD.SUPP.071012,
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Att: 4
4 DA04_REPORTER'S RECORD VOL. 1,
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Att: 5
5 DA05_REPORTERS RECORD VOL. 2,
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Att: 6
6 DA06_REPORTER'S RECORD VOL. 3,
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Att: 7
7 DA07_REPORTER'S RECORD VOL. 4,
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Att: 8
8 DA08_REPORTER'S RECORD VOL. 5,
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Att: 9
9 DA09_REPORTER'S RECORD VOL. 6,
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Att: 10
10 DA10_APP BRIEF 112812,
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Att: 11
11 DA11_STA BRIEF 012813,
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Att: 12
12 DA12_ JUDGMENT 052214,
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Att: 13
13 DA13_OPINION 052214,
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Att: 14
14 DA14_MANDATE 092614,
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Att: 15
15 DA15_ORIGINAL PDR,
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Att: 16
16 DA16_COVER PAGE,
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Att: 17
17 DA17_PDR EXT, MOT SUS(2),
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Att: 18
18 DA18_PDR EXT, MOT SUS
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| 20 | 20
misc
Certificate Of Interested Persons/Disclosure Statement
Fri 10/30 2:09 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Director, TDCJ-CID. (Manojlovich, Jessica) |
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| 19 | 19
answer
Answer to Complaint
Fri 10/30 2:05 PM
ANSWER to Complaint filed by Director, TDCJ-CID. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. 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. (Manojlovich, Jessica) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Thursday, October 29, 2020 | ||
| 18 | 18
motion
Sanctions
Thu 10/29 1:15 PM
MOTION to\for Restraint\Sanction filed by Joseph Mitchell Berman. (tln) |
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| Tuesday, September 29, 2020 | ||
| 17 | 17
1
pgs
order
Order on Motion for Sanctions
Tue 09/29 1:32 PM
ORDER denying15 Motion to/for Restraint or Sanction. (Ordered by Judge Reed C. O'Connor on 9/29/2020) (tln) |
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misc
Order Receipt
Tue 09/29 1:34 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:17. Tue Sep 29 13:34:09 CDT 2020 (crt) |
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| Friday, September 25, 2020 | ||
| 16 | 16
1
pgs
order
Order on Motion for Extension of Time to File Answer
Fri 09/25 10:19 AM
ORDER EXTENDING TIME TO FILE ANSWER: On the motion of Respondent, the Director's time for filing his answer is extended for thirty-five days, up to and Friday, October 30, 2020. Mot., ECF No.14 . (Ordered by Judge Reed C. O'Connor on 9/25/2020) (tln) |
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misc
Order Receipt
Fri 09/25 10:20 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:16. Fri Sep 25 10:20:55 CDT 2020 (crt) |
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| Thursday, September 24, 2020 | ||
| 15 | 15
motion
Sanctions
Thu 09/24 2:15 PM
MOTION to/for Restraint or Sanctions filed by Joseph Mitchell Berman. (tln) |
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| 14 | 14
motion
Extension of Time to File Answer
Thu 09/24 1:27 PM
First Motion for Extension of Time to File Answer filed by Director, TDCJ-CID with Brief/Memorandum in Support. (Manojlovich, Jessica) |
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Att: 1
Proposed Order
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| Monday, August 17, 2020 | ||
| 13 | 13
notice
Notice of Attorney Appearance
Mon 08/17 12:29 PM
NOTICE of Attorney Appearance by Jessica Michelle Manojlovich on behalf of Bobby Lumpkin-Director TDCJ-CID. (Filer confirms contact info in ECF is current.) (Manojlovich, Jessica) |
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| Monday, July 27, 2020 | ||
| 12 | 12
misc
Remark
Mon 07/27 2:59 PM
Petition, supporting documents, if any, and Order(s) received by Office of Attorney General of Texas: LLH 7/27/2020. (tln) |
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| 11 | 11
2
pgs
order
Order to Show Cause/Order to Answer
Mon 07/27 1:35 PM
ORDER PERMITTING PROCEEDING IN THE DISTRICT COURT and 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. Respondent is directed to file an answer to this petition within 60 days of the date of this order. Deadline to reply to the answer is 30 days. (see order) (Ordered by Judge Reed C. O'Connor on 7/27/2020) (tln) |
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misc
Order Receipt
Mon 07/27 1:36 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Mon Jul 27 13:36:59 CDT 2020 (crt) |
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| Monday, July 20, 2020 | ||
| 10 | 10
cmp
Petition for Writ of Habeas Corpus
Mon 07/20 5:05 PM
PETITION for Writ of Habeas Corpus filed by Joseph Mitchell Berman. 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. (tln) |
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| Wednesday, July 15, 2020 | ||
| 9 | 9
motion
Sanctions
Wed 07/15 2:08 PM
MOTION to/for Restraint/Sanction filed by Joseph Mitchell Berman. (tln) |
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| Friday, July 10, 2020 | ||
| 8 | 8
motion
Vacate
Fri 07/10 4:17 PM
MOTION to Vacate Judgment filed by Joseph Mitchell Berman (wrb) |
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| Monday, July 06, 2020 | ||
| 7 | 7
motion
Miscellaneous Relief
Mon 07/06 4:23 PM
MOTION for Leave filed by Joseph Mitchell Berman. (tln) |
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| Thursday, June 11, 2020 | ||
| 6 | 6
1
pgs
order
Order And Notice of Deficiency
Thu 06/11 12:27 PM
Order and Notice of Deficiency: Joseph Mitchell Berman must address the following deficiency: A form § 2254 petition has not been filed; A $5.00 filing fee has not been paid nor has a request to proceed in forma pauperis and certificate of inmate trust account been submitted. 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 6/11/2020) (tln) |
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Att: 1
2254 form,
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Att: 2
IFP form
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misc
Order Receipt
Thu 06/11 12:29 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Thu Jun 11 12:29:19 CDT 2020 (crt) |
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| Wednesday, June 10, 2020 | ||
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misc
Order Receipt
Wed 06/10 12:52 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:1. Wed Jun 10 12:52:04 CDT 2020 (crt) |
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| Tuesday, June 09, 2020 | ||
| 5 | 5
notice
Notice and Instruction to Pro Se Party
Tue 06/09 3:03 PM
Notice and Instruction to Pro Se Party. (tln) |
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| 4 | 4
qcref
O' Connor (FORT WORTH CASES)
Tue 06/09 3:03 PM
New Case Notes: A filing fee has not been paid. No prior sanctions found. (For court use only - links to the[LINK:national] and[LINK:circuit] indexes.) File to: staff attorney PW. 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. (tln) |
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| 3 | 3
respm
Brief/Memorandum In Support
Tue 06/09 2:27 PM
Memorandum in Support filed by Joseph Mitchell Berman re2 Petition for Writ of Habeas Corpus. (tln) |
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| 2 | 2
cmp
Petition for Writ of Habeas Corpus
Tue 06/09 2:25 PM
PETITION for Writ of Habeas Corpus filed by Joseph Mitchell Berman. 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. (tln) |
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| 1 | 1
2
pgs
order
Order
Tue 06/09 2:18 PM
ORDER: Petitioner is not permitted to "refile" his previous habeas case in this cause of action. It is therefore ORDERED that the clerk of court unfile document 26, filed in this case on May 18, 2020, and randomly assign a new civil cause number nunc pro tunc and docket the new case, write this new cause number on the original documents filed on May 18 and place said original document(s) in the newly created case file. It is further ORDERED that the clerk of court file petitioner's "Memorandum in Support of Writ of Habeas Corpus Cause No. 4:14-CV-860-A, received on June 8, 2020, in the newly created case. A copy of this order shall also be filed as the first docket entry in the newly created civil action. (Ordered by Senior Judge John McBryde on 6/9/2020) (tln) |
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utility
Case Assigned/Reassigned (Public Entry)
Tue 06/09 3:02 PM
Case reassigned to Judge Reed C. O'Connor. Senior Judge John McBryde no longer assigned to the case. (tln) |
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misc
Order Receipt
Tue 06/09 3:04 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:4,5. Tue Jun 9 15:04:41 CDT 2020 (crt) |
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