Cabello v. United States of America
Petitioner: Archie Cabello
Respondent: United States of America
Case Number: 3:2021cv00242
Filed: October 1, 2021
Court: US District Court for the Western District of Texas
Presiding Judge: Frank Montalvo
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 29, 2021 Opinion or Order Filing 8 MOTION to proceed In Forma Pauperis on appeal by Archie Cabello. (fm)
November 3, 2021 Opinion or Order Filing 7 NOTICE OF APPEAL by Archie Cabello. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a #(Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (jg1)
October 29, 2021 Opinion or Order Filing 6 Certified Mail Receipt of #3 Memorandum Opinion and Order, #4 Final Judgment. (fm)
October 25, 2021 Opinion or Order Filing 5 Certified Mailing of #3 Memorandum Opinion and Order,, #4 Final Judgment. (fm)
October 22, 2021 Opinion or Order Filing 4 FINAL JUDGMENT re #1 Petition for Writ of Habeas Corpus filed by Archie Cabello. IT IS ORDERED that that Archie Cabellos pro se Petition for a Writ of Habeas Corpus Section 2241 Challenging the Validity of Conviction and Manner by which Sentence Was Executed (ECF No. 1) is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. IT IS FURTHER ORDERED that, to the extent that Cabellos petition may be construed as a second or successive motion under 28 U.S.C. 2255 submitted without the approval of the Fifth Circuit Court of Appeals, he is DENIED a CERTIFICATE OF APPEALABILITY.Signed by Judge Frank Montalvo. (fm)
October 22, 2021 Opinion or Order Filing 3 MEMORANDUM OPINION AND ORDER re #1 Petition for Writ of Habeas Corpus filed by Archie Cabello. IT IS ORDERED that that Cabellos pro se Petition for a Writ of Habeas Corpus Section 2241 Challenging the Validity of Conviction and Manner by which Sentence Was Executed (ECF No. 1) is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. IT IS FURTHER ORDERED that, to the extent that Cabellos petition may be construed as a second or successive motion under 28 U.S.C. 2255 submitted without the approval of the Fifth Circuit Court of Appeals, he is DENIED a CERTIFICATE OF APPEALABILITY. Signed by Judge Frank Montalvo. (fm)
October 4, 2021 Opinion or Order Filing 2 Filing fee received in the amount of $5, receipt number 300038365 (fm)
October 1, 2021 Opinion or Order Filing 1 Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 300038365), filed by Archie Cabello. (Attachments: #1 Exhibits)(fm)
October 1, 2021 Opinion or Order If ordered by the court, all referrals will be assigned to Magistrate Judge Berton (fm)

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Petitioner: Archie Cabello
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Respondent: United States of America
Represented By: Mary F. Kruger
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