Bell v. State of Texas
| Warden Thomas |
| Ted Bell |
| State of Texas |
| Pro Se Department |
| 3:2022cv00333 |
| June 15, 2022 |
| US District Court for the Southern District of Mississippi |
| Kristi H Johnson |
| Michael T Parker |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on March 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 24 ACKNOWLEDGMENT OF SERVICE Executed as to Warden Thomas, Attorney General served on 8/3/2022, answer due 8/23/2022. (CO) |
| Filing 23 ACKNOWLEDGMENT OF SERVICE Executed as to Warden Thomas served on 8/5/2022, answer due 8/25/2022. (PG) |
Filing 22
ORDER REQUIRING RESPONDENT TO ANSWER: that the State of Texas is hereby removed, and Warden Thomas is added, as a Respondent. Respondent Warden Thomas shall file an answer or other responsive pleading in this case within 20 days of the service of a copy of this Order. Signed by Magistrate Judge Michael T. Parker on 7/27/2022 (cwl)
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| Filing 21 NOTICE OF ASSIGNMENT mailed to Ted Bell. (cwl) |
| Filing 20 Case transferred in from District of Texas Northern; Case Number 4:22-cv-00004. Original file certified copy of transfer order and docket sheet received. |
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Filing 19
Order Transferring to Another District: Case transferred to Northern Division of Southern District of Mississippi. (Ordered by Senior Judge Terry R Means on 6/15/2022) (mmw) [Transferred from Texas Northern on 6/15/2022.]
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:19. Wed Jun 15 15:48:54 CDT 2022 (crt) [Transferred from Texas Northern on 6/15/2022.] |
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Filing 18
ORDER: The clerk of Court received Bell's $5.00 payment. Under these circumstances, the Court concludes that there is good cause to reopen this case. The Court therefore DIRECTS the clerk of Court to VACATE the Court's May 16 Order of Dismissal and Final Judgment and REOPEN this case. (Ordered by Senior Judge Terry R Means on 6/7/2022) (mmw) [Transferred from Texas Northern on 6/15/2022.]
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:18. Tue Jun 7 13:29:58 CDT 2022 (crt) [Transferred from Texas Northern on 6/15/2022.] |
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Filing 17
***VACATED per #18 ORDER*** FINAL JUDGMENT: In accordance with the Court's order of dismissal entered this day, it is the final judgment of the Court that Ted Bell's petition for a writ of habeas corpus under 28 U.S.C. 2241 is DISMISSED without prejudice. (Ordered by Senior Judge Terry R Means on 5/16/2022) (mmw) Modified on 6/7/2022 (mmw). [Transferred from Texas Northern on 6/15/2022.]
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Filing 16
***VACATED per #18 ORDER*** ORDER OF DISMISSAL: The Court DISMISSES this habeas action without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). See Fed. R. Civ. P. 41(b). (Ordered by Senior Judge Terry R Means on 5/16/2022) (mmw) Modified on 6/7/2022 (mmw). [Transferred from Texas Northern on 6/15/2022.]
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:16, 17. Mon May 16 15:18:28 CDT 2022 (crt) [Transferred from Texas Northern on 6/15/2022.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Thu Apr 7 09:13:56 CDT 2022 (crt) [Transferred from Texas Northern on 6/15/2022.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Thu Apr 7 09:37:31 CDT 2022 (crt) [Transferred from Texas Northern on 6/15/2022.] |
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Filing 15
ORDER...If Bell intends on pursuing this action, he must pay $5.00 to the clerk of Court by May 5, 2022. If Bell fails to do so, the Court will dismiss this case without further notice for failure to prosecute. See Fed. R. Civ. P. 41 (b). (Ordered by Senior Judge Terry R Means on 4/6/2022) (wxc) [Transferred from Texas Northern on 6/15/2022.]
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Filing 14
ORDER...the Court concludes that there is good cause to reopen this case. The Court therefore DIRECTS the clerk of Court to VACATE the Courts Order of Dismissal and Final Judgment and REOPEN this case. Case reopened. (Ordered by Senior Judge Terry R Means on 4/6/2022) (wxc) [Transferred from Texas Northern on 6/15/2022.]
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| Filing 13 AMENDED COMPLAINT (2241) against State of Texas filed by Ted Bell. 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. (Attachments: #1 Related documents came in separate envelope) (wxc) [Transferred from Texas Northern on 6/15/2022.] |
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Filing 12
***VACATED PER ORDER #14 *** FINAL JUDGMENT...In accordance with the Courts order of dismissal entered this day, it is the final judgment of the Court that Ted Bell's petition for a writ of habeas corpus under 28 U.S.C. 2241 is DISMISSED without prejudice. (Ordered by Senior Judge Terry R Means on 3/21/2022) (wxc) Modified on 4/7/2022 (wxc). [Transferred from Texas Northern on 6/15/2022.]
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Filing 11
***VACATED PER ORDER #14 *** ORDER OF DISMISSAL... To date, Bell has failed to comply with the Courts order or otherwise seek an extension of time to do so. The Court therefore concludes that no lesser sanction than dismissal would be appropriate. Accordingly, the Court DISMISSES, without prejudice, Bells petition for failure to prosecute under Federal Rule of Civil Procedure 41(b). See Fed. R. Civ. P. 41(b). (Ordered by Senior Judge Terry R Means on 3/21/2022) (wxc) Modified on 4/7/2022 (wxc). [Transferred from Texas Northern on 6/15/2022.]
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11,12. Mon Mar 21 15:47:05 CDT 2022 (crt) [Transferred from Texas Northern on 6/15/2022.] |
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Filing 10
ORDER DENYING #9 MOTION TO APPOINT COUNSEL: In the event that the Court later determines appointment of counsel is required, it will enter an appropriate order. (Ordered by Senior Judge Terry R Means on 2/25/2022) (twd) [Transferred from Texas Northern on 6/15/2022.]
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Fri Feb 25 16:03:17 CST 2022 (crt) [Transferred from Texas Northern on 6/15/2022.] |
| Filing 9 Motion for Attorney to Take Over filed by Ted Bell (wxc) [Transferred from Texas Northern on 6/15/2022.] |
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Filing 8
ORDER...after reviewing the petition in conjunction with Bells earlier pleadings, the Court concludes that Bells petition should be construed as a petition for a writ of habeas corpus under 28 U.S.C. 2241 because he challenges the execution of his sentence. Specifically, Bell complains that an outstanding state detainer is impeding his ability to participate in a reentry program. (Ordered by Senior Judge Terry R Means on 2/14/2022) (Attachments: #1 2241 Form) (wxc) [Transferred from Texas Northern on 6/15/2022.]
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Mon Feb 14 14:50:06 CST 2022 (crt) [Transferred from Texas Northern on 6/15/2022.] |
| Filing 7 PETITION for Writ of Habeas Corpus (2254) filed by Ted Bell. 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. (wxc) [Transferred from Texas Northern on 6/15/2022.] |
| Filing 6 Motion for Leave to Proceed in forma pauperis with certificate of trust account filed by Ted Bell (wxc) [Transferred from Texas Northern on 6/15/2022.] |
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Filing 5
Order and Notice of Deficiency: Ted Bell must address the following deficiency: Petitioner did not file the required $5.00 filing fee or submit a proper request to proceed in forma pauperis with a certified statement of his inmate trust account.. 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 Senior Judge Terry R Means on 1/6/2022) (wxc) [Transferred from Texas Northern on 6/15/2022.]
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. w/ IFP form and 28 U.S.C. 2254 form Thu Jan 6 14:54:47 CST 2022 (crt) [Transferred from Texas Northern on 6/15/2022.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3,4. Tue Jan 4 17:09:56 CST 2022 (crt) [Transferred from Texas Northern on 6/15/2022.] |
| Filing 4 Notice and Instruction to Pro Se Party (wxc) [Transferred from Texas Northern on 6/15/2022.] |
| Filing 3 New Case Notes: A filing fee has not been paid. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) 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. (wxc) [Transferred from Texas Northern on 6/15/2022.] |
| Filing 1 COMPLAINT against Texas filed by Ted Bell. 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. (wxc) [Transferred from Texas Northern on 6/15/2022.] |
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