Bourque v. Director, TDCJ-CID
| Armand P. Bourque |
| Director TDCJ-CID and Oklahoma Attorney General |
| 5:2022cv00887 |
| October 12, 2022 |
| US District Court for the Western District of Oklahoma |
| Jodi W Dishman |
| Shon T Erwin |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (state) |
| None |
Docket Report
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This docket was last retrieved on June 14, 2023. A more recent docket listing may be available from PACER.
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Filing 14
ORDER FOR RESPONSE BY OKLAHOMA ATTORNEY GENERAL TO PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN TEXAS STATE CUSTODY, PURSUANT TO 28 U.S.C. 2241 -- The Respondent shall file an answer responding to the allegations of the petition and motion within thirty (30) days from the date of this order. See Order as more fully set out. Signed by Magistrate Judge Shon T. Erwin on 12/6/2022. (mc)
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| Filing 13 LETTER from Armand P. Bourque (Attachments: #1 Attachment 1 - Email, #2 Envelope) (rr) |
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Filing 12
ORDER. The Court ACCEPTS and ADOPTS the #9 Report and Recommendation, which DENIES the #8 Motion for Leave to Proceed in forma pauperis filed by Armand P. Bourque. The Court RE-REFERS this action to Judge Erwin for further proceedings consistent with 28 U.S.C. 636 and Federal Rule of Civil Procedure 72. Signed by Judge Jodi W. Dishman on 11/23/2022. (nv)
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| CASE RE-REFERRED to Magistrate Judge Shon T. Erwin pursuant to #12 Order. Motions referred to Shon T. Erwin. (nv) |
| Filing 11 MOTION for Order titled, "Motion to Dismiss Detainer" by Armand P. Bourque. (Attachments: #1 Attachment 1 - Case Citations, #2 Exhibit 1 - Judgment and Sentence, #3 Exhibit 2 - OSCN Case Details, #4 Exhibit 3 - State Counsel for Offenders Letter, #5 Exhibit 4 - Records Office, #6 Envelope)(rr) |
| Filing 10 Receipt for Money Received from Armand P. Bourque in the amount of $5, receipt number OKW500092668 regarding #1 Petition for Writ of Habeas Corpus. Copy of receipt emailed to courttb@aol.com. (rr) |
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Filing 9
REPORT AND RECOMMENDATION -- it is recommended that Petitioner's Motion, ECF No. #8 be DENIED and that he be ordered to prepay the full $5.00 filing fee for this action to proceed. It is further recommended that this action be dismissed without prejudice to re-filing unless Petitioner pays the $5.00 filing fee in full to the Clerk of the Court within twenty (20) days of any order adopting this Report and Recommendation. The referral to the undersigned Magistrate Judge is terminated unless and until the matter is re-referred. Objections to R&R due by 11/14/2022. Signed by Magistrate Judge Shon T. Erwin on 10/28/2022. (mc)
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| Magistrate Judge Shon T. Erwin no longer assigned to case. (mc) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis by Armand P. Bourque. Motions referred to Shon T. Erwin. (Attachments: #1 Attachment 1 - IFP Data, #2 Envelope)(rr) |
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Filing 7
ORDER -- The Court is in receipt of the Petition for Writ of Habeas Corpus Petitioner has tendered in the above referenced case. 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 has neither paid the filing fee nor submitted a motion for leave to proceed in forma pauperis. Petitioner shall cure the deficiencies designated above no later than October 31, 2022. Signed by Magistrate Judge Shon T. Erwin on 10/13/2022. (mc)
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| Filing 6 ENTER ORDER REFERRING CASE to Magistrate Judge Shon T. Erwin. Signed by the direction of Judge Jodi W. Dishman on 10/12/22. (rr) |
| Filing 5 NO PREVIOUS Cases (rr) |
| Filing 4 Case transferred in from District of Texas Eastern; Case Number 6:22-cv-00384. |
| Filing 3 Interdistrict transfer to the Western District of Oklahoma.(jbe, ) [Transferred from Texas Eastern on 10/12/2022.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. MAILED Consent form to Petitioner. (wea, ) [Transferred from Texas Eastern on 10/12/2022.] |
| Filing 2 CASE REFERRED to Magistrate Judge John D. Love. (wea, ) [Transferred from Texas Eastern on 10/12/2022.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Armand P. Bourque. (Attachments: #1 Exhibit, #2 Envelope(s))(wea, ) [Transferred from Texas Eastern on 10/12/2022.] Modified on 10/12/2022 to redact personal identifiers (rr). |
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