Yarbrough v. Director, TDCJ-CID

Yarbrough v. Director, TDCJ-CID

Petitioner:	Roger A Yarbrough
Respondent:	Director, TDCJ-CID
Case Number:	6:2014cv00754
Filed:	September 11, 2014
Court:	US District Court for the Eastern District of Texas
Office:	Tyler Office
County:	Anderson
Presiding Judge:	Leonard Davis
Presiding Judge:	K. Nicole Mitchell
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
December 15, 2014	Filing 7 MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report of the Magistrate Judge 5 is ADOPTED as the opinion of the District Court. The above-styled application for the writ of habeas corpus is DISMISSED with prejudice. Petitioner Roger Yar borough is DENIED a certificate of appealability sua sponte. Petitioner's use of force claims are hereby SEVERED into a new 1983civil rights lawsuit. The Clerk shall assign a new civil action number tothis lawsuit and the original petition in t he present case shall serve as the complaint. A copy of this order shall be docketed in the new lawsuit as an Order of Severance. Petitioner Roger Yarborough shall have 30 days from the date of his receipt of notice of the opening of his new lawsuit in which to file an amended complaint concerning his claim of excessive force by Officer Loftis. This amended complaint shall be filed using the standard 1983 lawsuit form which is available in the law library. Yarborough shall also either paythe sta tutory $400.00 filing fee or file an application for leave to proceed in forma pauperis, accompanied by an inmate trust account data sheet from the law library, within this same 30 day time frame. Should he fail to comply, this new lawsuit may be dismissed for failure to prosecute or to obey an order of the Court. Any and all other motions which may be pending in Yarborough's habeaspetition are hereby DENIED. Signed by Judge Leonard Davis on 12/15/14. (mll, )

Date Filed

Document Text

December 15, 2014

Filing 7 MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report of the Magistrate Judge 5 is ADOPTED as the opinion of the District Court. The above-styled application for the writ of habeas corpus is DISMISSED with prejudice. Petitioner Roger Yar borough is DENIED a certificate of appealability sua sponte. Petitioner's use of force claims are hereby SEVERED into a new 1983civil rights lawsuit. The Clerk shall assign a new civil action number tothis lawsuit and the original petition in t he present case shall serve as the complaint. A copy of this order shall be docketed in the new lawsuit as an Order of Severance. Petitioner Roger Yarborough shall have 30 days from the date of his receipt of notice of the opening of his new lawsuit in which to file an amended complaint concerning his claim of excessive force by Officer Loftis. This amended complaint shall be filed using the standard 1983 lawsuit form which is available in the law library. Yarborough shall also either paythe sta tutory $400.00 filing fee or file an application for leave to proceed in forma pauperis, accompanied by an inmate trust account data sheet from the law library, within this same 30 day time frame. Should he fail to comply, this new lawsuit may be dismissed for failure to prosecute or to obey an order of the Court. Any and all other motions which may be pending in Yarborough's habeaspetition are hereby DENIED. Signed by Judge Leonard Davis on 12/15/14. (mll, )

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Respondent: Director, TDCJ-CID
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Petitioner: Roger A Yarbrough
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