Avendano-Herrera v. USA
| Jose Fernando Avendano-Herrera |
| United States of America |
| 5:2018cv01163 |
| November 28, 2018 |
| US District Court for the Western District of Oklahoma |
| Oklahoma City Office |
| Charles Goodwin |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on February 15, 2019. A more recent docket listing may be available from PACER.
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Filing 10
REPORT AND RECOMMENDATION -- it is recommended that this action be DISMISSED without prejudice for Petitioner's failure to comply with this Court's order. This Report and Recommendation disposes of all issues referred to the undersigned magistrate judge in the captioned matter. Objections to R&R due by 1/22/2019. Signed by Magistrate Judge Shon T. Erwin on 1/2/19. (mc)
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| Magistrate Judge Shon T. Erwin no longer assigned to case. (mc) |
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Filing 9
ORDER -- The Court is in receipt of the Petition for Writ of Habeas Corpus Petitioner has tendered in this matter. In order for this action to proceed, Petitioner must either pay the $5.00 filing fee or be granted leave to proceed without prepayment of fees. Petitioner shall cure the deficiencies designated above no later than December 20, 2018. Signed by Magistrate Judge Shon T. Erwin on 11/29/18. (mc)
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| Filing 8 ENTER ORDER REFERRING CASE to Magistrate Judge Shon T. Erwin. Signed by direction of Honorable Charles Goodwin on 11/29/18. (kmt) |
| Notice of Mailing LCvR5.4/Change of Address form, #3 Petition for Writ of Habeas Corpus, #8 Order Referring Case to Magistrate Judge to: Jose Fernando Avendano-Herrera #56386-177 BOP Great Plains CI P.O. Box 400 Hinton, OK 73047 (kmt) |
| Filing 7 NO PREVIOUS Cases (kmt) |
| Filing 6 Case transferred in from District of Texas Northern; Case Number 3:18-cv-02748. |
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Filing 5
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: #4 Findings and Recommendations on Case re: #3 Petition for Writ of Habeas Corpus. The Court therefore TRANSFERS this action to the Western District of Oklahoma under 28 U.S.C. 1406(a) and 1631. (Ordered by Judge Ed Kinkeade on 11/27/2018) (ykp) [Transferred from Texas Northern on 11/28/2018.]
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Tue Nov 27 16:53:36 CST 2018 (crt) [Transferred from Texas Northern on 11/28/2018.] |
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Filing 4
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Case re: #3 Petition for Writ of Habeas Corpus. The Court should transfer this action to the Western District of Oklahoma, the district in which Petitioner was incarcerated when he his 28 U.S.C. 2241 petition challenging the execution of his sentence. (Ordered by Magistrate Judge David L. Horan on 10/22/2018) (epm) [Transferred from Texas Northern on 11/28/2018.]
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Mon Oct 22 12:29:06 CDT 2018 (crt) [Transferred from Texas Northern on 11/28/2018.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Thu Oct 18 10:00:15 CDT 2018 (crt) [Transferred from Texas Northern on 11/28/2018.] |
| Filing 3 PETITION for Writ of Habeas Corpus filed by Jose Fernando Avendano-Herrera. 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. (axm) [Transferred from Texas Northern on 11/28/2018.] |
| Filing 2 Notice and Instruction to Pro Se Party. (axm) [Transferred from Texas Northern on 11/28/2018.] |
| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Initiating documents received by mail. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (axm) [Transferred from Texas Northern on 11/28/2018.] |
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| Respondent: United States of America | |
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