Herrera v. United States of America
| Texas Northern District Court | |
| Judge: | Sidney A Fitzwater |
| Referred: | Renee Harris Toliver |
| Case #: | 3:25-cv-01147 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | May 06, 2025 |
| Terminated: | May 06, 2025 |
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| Docket last updated: 05/09/2025 11:59 PM CDT |
| Tuesday, May 06, 2025 | ||
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cmp
Complaint
Tue 05/06 4:06 PM
COMPLAINT against United States of America 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:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Originally filed in 3:25-cv-0586-D as #2 on 03/04/2025) (ykp) |
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5
pgs
order
Memorandum Opinion and Order
Tue 05/06 4:03 PM
Memorandum Opinion and Order: Movant Miriam Crystal Herrera, a federal prisoner, has filed a successive motion to vacate under 28 U.S.C. § 2255. The remainder of the motion is dismissed without prejudice for want of jurisdiction by judgment filed today. Because the grounds set out in Section C of Herrera's motion are properly alleged in a civil rights complaint rather than in a habeas petition, the court severs the claims in Section C and directs the Clerk of Court to (1) open a new civil action against the United States of America (Nature of Suit 555); (2) directly assign the action to Senior District Judge Sidney A. Fitzwater and the appropriate magistrate judge; (3) docket a copy of this memorandum opinion and order and the complaint in the new action; and (4) because the complaint relates to prison conditions in a facility located in the Fort Worth Division of this court, transfer the new action to that division. the court denies a certificate of appealability. (Originally filed in 3:25-cv-0586-D as #5 on 5/6/2025) (Ordered by Senior Judge Sidney A Fitzwater on 5/6/2025) (ykp) |
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notice
Notice and Instruction to Pro Se Party
Tue 05/06 3:59 PM
Notice and Instruction to Pro Se Party (ykp) |
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qcref
Fitzwater
Tue 05/06 3:58 PM
New Case Notes: A filing fee has not been paid. SCREEN case referral set and case referred to Magistrate Judge Toliver (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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (ykp) |
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misc
Order Receipt
Tue 05/06 4:07 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3. Tue May 6 16:07:51 CDT 2025 (crt) |
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utility
Case Transferred Out - Divisional Transfer (Public Entry)
Tue 05/06 4:31 PM
Case copied to 4:25-cv-00497-P. Transfer to Fort Worth Division complete; clerk to set Related Case hyperlink, clear unnecessary flags, etc. (twd) |
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