Pate v. United States of America (INMATE 3)
Frank Edwin Pate |
United States of America |
4:2018cv00839 |
November 30, 2018 |
US District Court for the Eastern District of Texas |
Sherman Office |
Kimberly C Priest Johnson |
Amos L Mazzant |
Christine A Nowak |
Prisoner: Vacate Sentence |
28 U.S.C. § 2255 |
None |
Docket Report
This docket was last retrieved on January 12, 2019. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 29 FINAL JUDGMENT. The Court having considered the Movant's case and rendered its decision by opinion issued this same date, it is hereby ORDERED that the motion to vacate, set aside or correct a sentence pursuant to 28 U.S.C. 2255 is DISMISSED without prejudice. Signed by District Judge Amos L. Mazzant, III on 1/12/2019. (daj, ) |
Filing 28 ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for #25 Report and Recommendations. ORDERED that the motion to dismiss (Dkt. #24 ) is GRANTED and Pate's motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. 2255 is DISMISSED without prejudice. All other motions not previously ruled on are hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 1/12/2019. (daj, ) |
Filing 27 OBJECTION to #25 Report and Recommendations by Frank Edwin Pate. (Attachments: #1 Envelope(s))(daj, ) |
Filing 26 ACKNOWLEDGMENT OF RECEIPT by Frank Edwin Pate as to #23 Order, 2255 form. (daj, ) |
Filing 25 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #24 MOTION to Dismiss filed by Frank Edwin Pate. It is recommended that the motion to dismiss (Dkt. #24) be granted and that the motion to vacate, set aside or correct Pate's sentence pursuant to 28 U.S.C. 2255 be dismissed without prejudice. Signed by Magistrate Judge Christine A. Nowak on 12/11/2018. (daj, ) |
Filing 24 MOTION to Dismiss Associated Cause of Action by Frank Edwin Pate. (Attachments: #1 Envelope(s))(daj, ) |
Filing 23 DEFICIENCY ORDER. ORDERED that the Clerk shall mail the standardized 2255 form to Pate. It is further ORDERED that Pate has thirty days from the receipt of this Order and the 2255 form to fill out the 2255 form and submit it to the Court. Signed by Magistrate Judge Christine A. Nowak on 12/3/2018. (daj, ) |
Filing 22 Case reassigned to Magistrate Judge Christine A. Nowak. (daj, ) |
Filing 21 ORDER OF RECUSAL. Magistrate Judge Kimberly C Priest Johnson recused. Signed by Magistrate Judge Kimberly C Priest Johnson on 12/3/2018. (daj, ) |
Filing 20 Case assigned to District Judge Amos L. Mazzant, III and referred to Magistrate Judge Kimberly C Priest Johnson. (Attachments: #1 Magistrate referral) (daj, ) |
Filing 19 Case transferred in from District of Alabama Middle; Case Number 2:18-cv-00840. Original file certified copy of transfer order and docket sheet received. |
Filing 18 OPINION AND ORDER: It is ORDERED as follows: (1) The magistrate judge's #14 Recommendation is adopted. (2) This case is transferred to the United States District Court for the Eastern District of Texas pursuant to 28 U.S.C. 1631. The clerk of the court is DIRECTED to take appropriate steps to effect the transfer. This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 11/30/2018. (Attachments: #1 Civil Appeals Checklist)(dmn, ) [Transferred from Alabama Middle on 11/30/2018.] |
Case transferred to USDC, Eastern District of Texas. Electronically transferred via CM/ECF transfer to Clerk. (dmn, ) (NO PDF) [Transferred from Alabama Middle on 11/30/2018.] |
No objections filed to #14 report and recommendation (NO PDF document attached to this notice). (djy, ) [Transferred from Alabama Middle on 11/30/2018.] |
Filing 17 NOTICE to Court with attached letter to Congress in Washington DC by Frank Edwin Pate. (dmn, ) [Transferred from Alabama Middle on 11/30/2018.] |
Filing 16 ORDER ON MOTION: ORDER denying #15 Motion for Hearing. Signed by Honorable Judge Charles S. Coody on 11/13/2018. (wcl, ) [Transferred from Alabama Middle on 11/30/2018.] |
Filing 15 MOTION for Hearing by Frank Edwin Pate. (dmn, ) [Transferred from Alabama Middle on 11/30/2018.] |
Filing 14 REPORT AND RECOMMENDATION of the Magistrate Judge that this case be TRANSFERRED to the United States District Court for the Eastern District of Texas under 28 USC 1631; Objections to R&R due by 11/19/2018. Signed by Honorable Judge Charles S. Coody on 11/5/18. (djy, ) [Transferred from Alabama Middle on 11/30/2018.] |
Filing 13 Response to #9 Order by Frank Edwin Pate. (djy, ) [Transferred from Alabama Middle on 11/30/2018.] |
Filing 12 ORDER directing that petitioner's #11 objections are overruled. Signed by Honorable Judge Myron H. Thompson on 10/26/18. (djy, ) [Transferred from Alabama Middle on 11/30/2018.] |
Filing 11 Objections for the records filed by Frank Edwin Pate. (djy, ) [Transferred from Alabama Middle on 11/30/2018.] |
Filing 10 REQUEST for Admissions by Frank Edwin Pate.(djy, ) [Transferred from Alabama Middle on 11/30/2018.] |
Filing 9 ORDER: Because the court is construing Pate's petition as a 2255 motion, Pate shall inform the court by October 31, 2018, if his wishes to do one of the following: (1) Continue to proceed before this court under 28 U.S.C. 2255 on the claims he presents in the construed 2255 motion (Doc. 8); or (2) Amend the construed 2255 motion to assert any additional claims he wishes to assert under 2255 in challenging his convictions and sentence; or (3) Withdraw the construed 2255 motion and dismiss this action. It is further ORDERED that the United States of America shall henceforth be listed as the sole respondent in this case. Signed by Honorable Judge Charles S. Coody on 10/17/2018. (kh, ) [Transferred from Alabama Middle on 11/30/2018.] |
MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Frank Edwin Pate, construed in the court's #9 order (no pdf document attached to this entry - see docket entry #8 for pdf)(kh, ) [Transferred from Alabama Middle on 11/30/2018.] |
Filing 8 AMENDED PETITION for Writ of Habeas Corpus, filed by Frank Edwin Pate. (Attachments: #1 Exhibit A)(djy, ) [Transferred from Alabama Middle on 11/30/2018.] |
Filing 7 DECLARATION of facts by Frank Edwin Pate. (djy, ) [Transferred from Alabama Middle on 11/30/2018.] |
Filing 6 ORDER ON MOTION construing #5 notice as a MOTION; denying #5 Motion for the court to declare the listed statements as law. Signed by Honorable Judge Charles S. Coody on 10/10/18. (djy, ) [Transferred from Alabama Middle on 11/30/2018.] |
MOTION for the court to declare the listed statements as law by Frank Edwin Pate (NO PDF document attached to this notice-See Docket entry #5 ). (djy, ) [Transferred from Alabama Middle on 11/30/2018.] |
Filing 5 NOTICE (REQUEST FOR DECLARATION OF RIGHTS IN LAW) by Frank Edwin Pate (kh, ) [Transferred from Alabama Middle on 11/30/2018.] |
Filing 4 OPINION AND ORDER: ORDERED that petitioner's objection (doc. no. #3 ) to the order of the United States Magistrate Judge is overruled, and his request for an Article III judge to handle all matters in this case (doc. no. #3 ) is denied. Pursuant to 28 U.S.C. 636(b)(1) and (3), the magistrate judge has been designated by this court to enter orders on certain pretrial matters and to enter proposed findings of fact and a recommendation to the district judge for disposition of the petition. The district judge will decide whether to adopt the recommendation after hearing objections from the petitioner and/or respondents. The provisions requiring the parties to consent to a magistrate judge's jurisdiction do not apply when the district judge retains final authority to decide the case. Signed by Honorable Judge Myron H. Thompson on 10/9/2018. (kh, ) [Transferred from Alabama Middle on 11/30/2018.] |
Filing 3 Objections to #2 Order and Request for Article III Judge filed by Frank Edwin Pate. (djy, ) [Transferred from Alabama Middle on 11/30/2018.] |
Filing 2 ORDERED that on or before October 15, 2018, Pate shall file an amended 28 U.S.C. 2241 petition in which he (i) identifies the proceeding wherein the United States failed to meet its burden of proof, and (ii) states how this proceeding resulted in his unlawful detention. This action will therefore proceed only on the claim(s) presented in the amended petition. Pate is advised that if he seeks to challenge his exposure to bat guano while confined at Maxwell he may do so by filing a separate Bivens civil rights action with this court. Pate is cautioned that if he fails to file an amended petition in compliance with this order the undersigned will recommend dismissal of this case for such failure.The Clerk is DIRECTED to furnish Pate with a form for use in filing a petition under 28 U.S.C. 2241 and Pate shall use this form in filing his amended petition. Signed by Honorable Judge Charles S. Coody on 9/28/2018. (kh, )). [Transferred from Alabama Middle on 11/30/2018.] |
Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number 4602050833.), filed by Frank Edwin Pate. (Attachments: #1 Receipt)(beh, ) [Transferred from Alabama Middle on 11/30/2018.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Search for this case: Pate v. United States of America (INMATE 3) | |
---|---|
Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
Plaintiff: Frank Edwin Pate | |
Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Defendant: United States of America | |
Represented By: | J Andrew Williams |
Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.