Alfaro v. Lumpkin-Director TDCJ-CID

Texas Northern District Court
Judge:	Sam A Lindsay
Referred:	Renee Harris Toliver
Case #:	3:24-cv-00741
Nature of Suit	530 Prisoner Petitions - Habeas Corpus - General
Cause	28:2254 Petition for Writ of Habeas Corpus (State)

Case Filed:	Mar 28, 2024
Terminated:	Jun 13, 2025

Petitioner Jose Alfaro
Respondent Director, TDCJ-CID

	GPO Sep 19 2024 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Case re: 1 Petition for Writ of Habeas Corpus. Alfaro's petition for writ of habeas corpus should be DISMISSED WITH PREJUDICE as barred by the one-year statute of limitations. (Ordered by Magistrate Judge Renee Harris Toliver on 9/19/2024) (ykp)
	GPO Jun 13 2025 Order Accepting 10 Findings and Recommendations and Denying Certificate of Appealability re: 1 Petition for Writ of Habeas Corpus, filed by Jose Alfaro; overruling 11 Petitioner's Objections to the magistrate judge's report; and dismissing with prejudice all claims asserted by Petitioner. (Ordered by Judge Sam A. Lindsay on 6/13/2025) (chmb)

Docket last updated: 09/14/2026 11:59 PM CDT

Tuesday, October 14, 2025
18		18 appeal USCA Order Tue 10/14 9:58 AM ORDER of USCA as to15 Notice of Appeal filed by Jose Alfaro. The appeal is dismissed for want of prosecution. The appellant failed to timely file a motion for certificate of appealability and brief in support. (axm) Related: [-]
Friday, August 15, 2025
		appeal Appeal Record Certified/Transmitted Fri 08/15 9:09 AM Record on Appeal for USCA5 25-10819 Related [+]: 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[LINK:contacting the appeals deputy] in advance to arrange delivery. (axm) Related: [-] lated to15 appeal
		misc Order Receipt Fri 08/15 9:10 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of ROA Certification Fri Aug 15 09:10:14 CDT 2025 (crt) Related: [-]
Thursday, July 24, 2025
		appeal USCA Case Number Thu 07/24 11:42 AM USCA Case Number 25-10819 in USCA5 for15 Notice of Appeal filed by Jose Alfaro. (axm) Related: [-]
Wednesday, July 09, 2025
17		17 order Order on Motion to Withdraw as Attorney Wed 07/09 10:09 AM ELECTRONIC ORDER: Upon review, the Motion to Withdraw as Counsel for Petitioner is GRANTED . Doc.16 . The clerk of the court is directed to mail a copy of this order to pro se Petitioner Jose Alfaro, TDCJ No. 01958909, Texas Department of Criminal Justice Clemens Unit, 11034 Hwy 36 Brazoria, TX 77422. Attorney Aaron Spolin has been terminated. (Ordered by Magistrate Judge Renee Harris Toliver on 7/9/2025) (chmb) Related: [-]
		misc Order Receipt Wed 07/09 12:34 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:17. Wed Jul 9 12:34:38 CDT 2025 (crt) Related: [-]
Tuesday, July 08, 2025
16		16 motion Withdraw as Attorney Tue 07/08 12:07 PM MOTION to Withdraw as Attorney filed by Jose Alfaro (Spolin, Aaron) Related: [-]
15		15 appeal Notice of Appeal Tue 07/08 12:06 PM NOTICE OF APPEAL to the Fifth Circuit by Jose Alfaro. Filing fee $605, receipt number ATXNDC-15633534. 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. (Spolin, Aaron) Related: [-]
Friday, June 13, 2025
14		14 order Judgment Fri 06/13 2:12 PM JUDGMENT (Ordered by Judge Sam A. Lindsay on 6/13/2025) (chmb) Related: [-]
13		13 3 pgs order Order Accepting/Adopting Findings and Recommendations Fri 06/13 2:10 PM Order Accepting10 Findings and Recommendations and Denying Certificate of Appealability re:1 Petition for Writ of Habeas Corpus, filed by Jose Alfaro; overruling11 Petitioner's Objections to the magistrate judge's report; and dismissing with prejudice all claims asserted by Petitioner. (Ordered by Judge Sam A. Lindsay on 6/13/2025) (chmb) Related: [-]
Friday, December 20, 2024
12		12 notice Notice (Other) Fri 12/20 10:11 AM NOTICE of Substitution of Counsel filed by Director, TDCJ-CID Related [+] Related: [-] eves, Brittnie
Wednesday, October 02, 2024
11		11 respoth Objection to Findings and Recommendations Wed 10/02 11:44 AM OBJECTION to10 Findings and Recommendations . (Spolin, Aaron) Related: [-]
Thursday, September 19, 2024
10		10 motion Findings and Recommendations Fri 09/20 9:28 AM FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Case re:1 Petition for Writ of Habeas Corpus. Alfaro's petition for writ of habeas corpus should be DISMISSED WITH PREJUDICE as barred by the one-year statute of limitations. (Ordered by Magistrate Judge Renee Harris Toliver on 9/19/2024) (ykp) Related: [-]
Monday, July 01, 2024
9		9 respm Reply Mon 07/01 2:58 PM REPLY filed by Jose Alfaro re:8 Response to Habeas Petition (Spolin, Aaron) Related: [-]
Thursday, May 30, 2024
8		8 answer Response to Habeas Petition Thu 05/30 10:27 AM RESPONSE to1 Petition for Writ of Habeas Corpus,,,, filed by Director, TDCJ-CID. (Matthews, Taylor) Related: [-]
7		7 misc Administrative Record Thu 05/30 10:26 AM Administrative Record consisting of State Court Records filed by Director, TDCJ-CID. (Matthews, Taylor) Related: [-]
		Att: 1 1 RR,
		Att: 2 2 RR,
		Att: 3 3 RR,
		Att: 4 4 RR,
		Att: 5 5 RR,
		Att: 6 6 RR,
		Att: 7 7 RR,
		Att: 8 8 RR,
		Att: 9 CR,
		Att: 10 Appellant's Brief,
		Att: 11 State's Brief,
		Att: 12 Loose Correspondence (Opinion, Judgment, Mandate),
		Att: 13 Misc Documents Extension of Time,
		Att: 14 Misc Dcuments Petitioner's Pro Se Motion to Suspend,
		Att: 15 PDR,
		Att: 16 Alfaro v. State,
		Att: 17 SHCR-01,
		Att: 18 SHCR-01 ACTION TAKEN NOTICE,
		Att: 19 SHCR-02,
		Att: 20 SHCR-02 ACTION TAKEN NOTICE,
		Att: 21 SHCR-02 ADDRESS VERIFICATION
Thursday, April 11, 2024
6		6 misc Certificate Of Interested Persons/Disclosure Statement Thu 04/11 2:36 PM CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Director, TDCJ-CID. (Clerk QC note: No affiliate entered in ECF). (Matthews, Taylor) Related: [-]
5		5 notice Notice of Attorney Appearance Thu 04/11 2:10 PM NOTICE of Attorney Appearance by Taylor Ray Matthews on behalf of Director, TDCJ-CID. (Filer confirms contact info in ECF is current.) (Matthews, Taylor) Related: [-]
Tuesday, April 02, 2024
4		4 misc Remark Tue 04/02 9:01 AM Notice of Electronic Service Made on the Office of Attorney General of Texas re3 Order to Show Cause/Order to Answer,1 Petition for Writ of Habeas Corpus. (cfk) Related: [-]
		service Certificate of Service Wed 04/03 2:38 PM Acknowledgment of Electronic Service re: Petition, supporting documents, if any, and Order(s) received by Office of Attorney General of Texas. Laura L Haney 4/2/2024. (axm) Related: [-]
Monday, April 01, 2024
3		3 3 pgs order Order to Show Cause/Order to Answer Mon 04/01 4:23 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. Show Cause Response due by by 6/3/2024. Deadline to file a reply to the response is 30 days. (Ordered by Magistrate Judge Renee Harris Toliver on 4/1/2024) (chmb) Related: [-]
Friday, March 29, 2024
2		2 qcref Lindsay Fri 03/29 9:56 AM New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Case received over counter or electronically. 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (cfk) Related: [-]
Thursday, March 28, 2024
1		1 cmp Petition for Writ of Habeas Corpus Thu 03/28 3:53 PM PETITION for Writ of Habeas Corpus filed by Jose Alfaro. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $5; receipt number ATXNDC-14499123) 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. (Spolin, Aaron) Related: [-]
		Att: 1 Cover Sheet

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