Leath v. Director, TDCJ-CID
| Patrick Eugene Leath |
| Director, TDCJ-CID |
| 4:2022cv00155 |
| March 1, 2022 |
| US District Court for the Northern District of Texas |
| Mark Pittman |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on November 8, 2022. A more recent docket listing may be available from PACER.
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Filing 17
Acknowledgement of Electronic Service re #1 Petition for Writ of Habeas Corpus, #8 Public Correspondence Received, #7 Order on Motion for Extension of Time to File, #16 Order to Show Cause/Order to Answer, #6 MOTION for Extension of Time to File Pleadings and Filings, #12 Order Unfiling Pleading, #15 Brief/Memorandum in Support of Motion, #13 Response/Objection, #10 MOTION for Leave to Proceed in forma pauperis with certificate of trust account, #14 Order Setting Deadline/Hearing, #9 Public Correspondence Received, #5 Order And Notice of Deficiency. (sre)
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Filing 16
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. Pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, Respondent is directed to file an answer to this petition (ECF No. #1 ) and later-filed supporting brief (ECF No. #15 ) within 60 days of the date of this order, answering in accordance with Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Deadline to reply to the answer is 30 days. (Ordered by Judge Mark Pittman on 4/21/2022) (sre)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:16. Thu Apr 21 11:26:35 CDT 2022 (crt)
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Filing 15
Memorandum in Support filed by Patrick Eugene Leath re #1 Petition for Writ of Habeas Corpus. (bdb)
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Filing 14
ORDER...It is therefore ORDERED that the time for Leath to filed a brief in compliance with the local rules, is extended until May 20, 2022. Failure to timely and completely comply with this order by the extended deadline will result in the dismissal of the petition without further notice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). (Ordered by Judge Mark Pittman on 4/12/2022) (wxc)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Tue Apr 12 13:04:01 CDT 2022 (crt)
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Filing 13
RESPONSE filed by Patrick Eugene Leath re: #12 Order Unfiling Pleading. (npk)
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Filing 12
ORDER STRIKING AND UNFILING BRIEF filed by Patrick Eugene Leath due to the following deficiency: Leath has now submitted a new brief in support. ECF No. #11 . This time, Petitioner's brief includes 262 pages of materials. This brief is again not in compliance with the local rules. The Court will provide Petitioner one more extension to file a brief in compliance with the local rules, until April 29, 2022. (Ordered by Judge Mark Pittman on 3/28/2022) (bdb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Mon Mar 28 12:56:36 CDT 2022 (crt)
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Filing 11
***UNFILED AND STRICKEN PER #12 ORDER*** Memorandum in Support filed by Patrick Eugene Leath re #1 Petition for Writ of Habeas Corpus. (bdb) Modified on 3/28/2022 (bdb).
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Filing 10
MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Patrick Eugene Leath. (bdb)
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Filing 9
Public correspondence received from Patrick Eugene Leath re: Inmate trust fund print out for 6 months. (npk)
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Filing 8
Public correspondence received from Patrick Eugene Leath re: Inmate trust fund print out for 6 months. (npk)
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Filing 7
ORDER: It is ORDERED that the #6 motion for extension is GRANTED such that Petitioner shall have until 4/25/2022 to comply with the 3/01/2022 #5 Order and Notice of Deficiency. (Ordered by Judge Mark Pittman on 3/18/2022) (twd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Fri Mar 18 11:23:26 CDT 2022 (crt)
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Filing 6
MOTION for Extension of Time to File Pleadings and Filings filed by Patrick Eugene Leath. (sre)
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Filing 5
ORDER AND NOTICE OF DEFICIENCY AND ORDER STRIKING/UNFILING PLEADING. Patrick Eugene Leath must address the following deficiency: The $5.00 filing fee has not been paid nor has a request to proceed in forma pauperis, accompanied by a certificate of inmate trust account reflecting the balance in Petitioners inmate trust account, been submitted. The memorandum of law (ECF No. #2 ) filed in conjunction with the petition for a writ of habeas corpus exceeds the 25-page length limitation. Petitioner's memorandum of law in support of the petition for a writ of habeas corpus be STRICKEN from the record of this case. Petitioner shall cure the aforementioned deficiencies by paying the $5.00 filing fee or by completing and returning the form application to proceed in forma pauperis accompanied by the certificate of inmate trust account, or institutional equivalent, and by filing an amended brief in support that does not exceed 25 pages in length, within thirty (30) days from the date of this Order. 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 Mark Pittman on 3/1/2022) (npk)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:3,4. Tue Mar 1 10:52:18 CST 2022 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:5. IFP & unfiled doc #2 mailed Tue Mar 1 14:08:13 CST 2022 (crt)
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Filing 4
Notice and Instruction to Pro Se Party. (sre)
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Filing 3
New Case Notes: A filing fee has not been paid. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) File to: Appropriate Staff Attorney. 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. (sre)
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Filing 2
***UNFILED PER ORDER #5 *** (Document Restricted) Sealed Brief/Memorandum in Support re: #1 Petition for Writ of Habeas Corpus, filed by Patrick Eugene Leath. (sre) Modified on 3/1/2022 (npk).
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Filing 1
PETITION for Writ of Habeas Corpus filed by Patrick Eugene Leath. 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: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (sre)
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