Heriberto Banuelos-Barron v. C. Humphrey
| Heriberto Banuelos-Barron |
| C. Humphrey, Warden, Forrest City Correctional Institution (originally named as C Garrett) |
| 26-1097 |
| January 16, 2026 |
| U.S. Court of Appeals, Eighth Circuit |
| Habeas Corpus |
Docket Report
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This docket was last retrieved on May 26, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| MANDATE ISSUED. [5643821] [26-1097] (NDG) [Entered: 05/26/2026 11:52 AM] |
| JUDGMENT FILED - The motion to proceed on appeal in forma pauperis filed by Heriberto Banuelos-Barron is granted [ # 5622805-2 ]. The order of the district court is summarily affirmed. BOBBY E. SHEPHERD, RALPH R. ERICKSON and L. STEVEN GRASZ Adp Mar 2026 [5625068] [26-1097] (BNW) [Entered: 04/02/2026 03:18 PM] |
| CASE SUBMITTED Ad Panel Submission before Judges Bobby E. Shepherd, Ralph R. Erickson, L. Steven Grasz in St. Louis [5625064] [26-1097] (BNW) [Entered: 04/02/2026 03:15 PM] |
| CASE REOPENED 1 REOPEN[5625058] [26-1097] (BNW) [Entered: 04/02/2026 03:11 PM] |
| JUDGE ORDER: The court dismissed this appeal for failure to prosecute on March 18, 2026, and issued its mandate. The court has now received a response from appellant. The courts mandate is hereby recalled and the judgment entered on March 18, 2026, is vacated. The case is reopened. Adp Mar 2026 [5625042] [26-1097] (BNW) [Entered: 04/02/2026 02:59 PM] |
| MOTION for leave to proceed on appeal in forma pauperis w/attached affidavit, filed by Party Heriberto Banuelos-Barron w/service 03/27/2026 by USCA8. [5622805] [26-1097] (BNW) [Entered: 03/27/2026 11:04 AM] |
| CLERK LETTER sent regarding response received from appellant on March 18, 2026.[5620255] [26-1097] (BNW) [Entered: 03/19/2026 02:17 PM] |
| RESPONSE in opposition to clerk order for failure to pay docket fee [ # 5608678-2 ] filed by Appellant Heriberto Banuelos-Barron w/service 03/19/2026 by USCA8. [5620252] [26-1097] (BNW) [Entered: 03/19/2026 02:13 PM] |
| MANDATE ISSUED. [5619586] [26-1097] (BNW) [Entered: 03/18/2026 09:19 AM] |
| *** DOCUMENT LOCKED *** JUDGMENT FILED - Appellant has failed to respond to the show cause order of February 17, 2026, and the time for a response has expired. This appeal is dismissed for want of prosecution. Mandate shall issue forthwith. [5619580] [26-1097]--[Edited 04/02/2026 by BNW] *** DOCUMENT LOCKED *** Pursuant to the order dated 04/02/2026, the judgment is vacated. See history number [5625042]. (BNW) [Entered: 03/18/2026 09:17 AM] |
| CLERK ORDER: APPELLANT has failed to pay to the Clerk of the District Court the requisite docketing fees. APPELLANT is directed to show cause within 14 days why this appeal should not be dismissed for failure to prosecute. Response of Heriberto Banuelos-Barron due 03/03/2026 [5608678] [26-1097] (CMH) [Entered: 02/17/2026 11:43 AM] |
| Originating court document filed consisting of originating court order of 09/30/2025 amended and substituted judgment and denial of a certificate of appealability. [5600542] [26-1097] (CMH) [Entered: 01/23/2026 03:34 PM] |
| Originating court document filed consisting of notice of appeal, docket entries, Memorandum & Order 09/30/2025, Judgment 09/30/2025, and Docket Text Order 12/02/2025. [5597951] [26-1097] (CMH) [Entered: 01/16/2026 09:05 AM] |
| CLERK ORDER: If the original file of the United States District Court is available for review in electronic format, the court will rely on the electronic version of the record in its review. The appendices required by Eighth Circuit Rule 30A shall not be required. In accordance with Eighth Circuit Local Rule 30A(a)(2), the Clerk of the United States District Court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format through PACER, including any documents maintained in paper format or filed under seal, exhibits, administrative records and state court files. These documents should be submitted within 10 days. [5597956] [26-1097] (CMH) [Entered: 01/16/2026 09:11 AM] |
| CLERK ORDER: for limited remand. This case is remanded to the district court for a determination of whether to issue a certificate of appealability, with directions that, if granted, the COA specify the issue or issues that are to be considered on appeal. See 28 U.S.C. Sec. 2253; Federal Rule of Appellate Procedure 22(b); United States v. Lambros, 404 F.3d 1034 (8th Cir. 2005);Tiedeman v. Benson, 122 F.3d (8th Cir. 1997). [5597954] [26-1097] (CMH) [Entered: 01/16/2026 09:08 AM] |
| CLERK ORDER: The $605 appellate filing and docketing fee has not been paid and is due. Appellant is directed to either pay the fee in the district court or file a motion for leave to proceed in forma pauperis in the district court within 21 days of the date of this order. If appellant does not pay the fee or move for IFP status by 02/06/2026, a show cause order will be entered directing the appellant to show cause why this appeal should not be dismissed for failure to prosecute. [5597952] [26-1097] (CMH) [Entered: 01/16/2026 09:05 AM] |
| Prisoner case docketed. [5597948] [26-1097] (CMH) [Entered: 01/16/2026 08:59 AM] |
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| Plaintiff: Heriberto Banuelos-Barron | |
| Represented By: | Heriberto Banuelos-Barron |
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| Defendant: C. Humphrey, Warden, Forrest City Correctional Institution (originally named as C Garrett) | |
| Represented By: | Leslie Bright |
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