Pate v. United States of America (INMATE 3)
Defendant: United States of America
Petitioner: Frank Edwin Pate
Case Number: 4:2019cv00910
Filed: December 12, 2019
Court: US District Court for the Eastern District of Texas
Office: Sherman Office
Presiding Judge: Amos L Mazzant
Referring Judge: Christine A Nowak
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None
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Docket Report

This docket was last retrieved on June 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 23, 2019 Filing 19 MOTION to Dismiss Associated 2255 by Frank Edwin Pate. (Attachments: #1 Envelope(s))(daj, )
December 12, 2019 Filing 18 Case assigned to District Judge Amos L. Mazzant, III and referred to Magistrate Judge Christine A. Nowak. (Attachments: #1 Magistrate referral) (daj, )
December 12, 2019 Filing 17 Case transferred in from District of Alabama Middle; Case Number 2:19-cv-00580. Original file certified copy of transfer order and docket sheet received.
December 12, 2019 Opinion or Order Filing 16 OPINION AND ORDER: it is ORDERED as follows: 1) The magistrate judge's recommendation (doc. no. #13 ) is adopted. 2) This case is transferred to the United States District Court for the Eastern District of Texas pursuant to 28 U.S.C. 1631. 3) All pending motions are left for resolution by the transferee court. The clerk of the court is DIRECTED to take appropriate steps to effect the transfer. This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 12/12/2019. (cnw, ) [Transferred from Alabama Middle on 12/12/2019.]
December 12, 2019 Case transferred to Eastern District of Texas. Electronically transferred via CM/ECF transfter to Clerk. (cnw, ) [Transferred from Alabama Middle on 12/12/2019.]
December 11, 2019 Filing 15 MOTION for Leave to File Amended Petition by Frank Edwin Pate. (wcl, ) [Transferred from Alabama Middle on 12/12/2019.]
December 10, 2019 No objections filed to the #13 Recommendation. (No pdf attached to this entry) (cnw, ) [Transferred from Alabama Middle on 12/12/2019.]
November 22, 2019 Filing 14 (Questions for the Court) NOTICE by Frank Edwin Pate. (cnw, ) [Transferred from Alabama Middle on 12/12/2019.]
November 20, 2019 Filing 13 RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that this case be TRANSFERRED to the United States District Court for the Eastern District of Texas under 28 U.S.C. 1631; Objections to R&R due by 12/4/2019. Signed by Honorable Judge Charles S. Coody on 11/20/2019. (cnw, ) [Transferred from Alabama Middle on 12/12/2019.]
November 14, 2019 Opinion or Order Filing 12 ORDER: It is ORDERED that petitioner's objections (doc. no. #11 ) are overruled. Signed by Honorable Judge Myron H. Thompson on 11/14/2019. (cnw, ) [Transferred from Alabama Middle on 12/12/2019.]
November 12, 2019 Filing 11 Objection to re #3 Order, filed by Frank Edwin Pate. (cnw, ) [Transferred from Alabama Middle on 12/12/2019.]
October 24, 2019 Opinion or Order Filing 10 ORDER ON MOTION: It is hereby ORDERED that Petitioner's "Motion for Relief" (Doc. #9 ) is DENIED. Signed by Honorable Judge Charles S. Coody on 10/24/2019. (cnw, ) [Transferred from Alabama Middle on 12/12/2019.]
October 24, 2019 Filing 9 MOTION for Relief by Frank Edwin Pate. (Attachments: #1 Exhibit A)(cnw, ) [Transferred from Alabama Middle on 12/12/2019.]
October 2, 2019 Filing 8 (Memorandum in Support of PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 USC 2241) MEMORANDUM in Support re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Frank Edwin Pate. (cnw, ) [Transferred from Alabama Middle on 12/12/2019.]
September 30, 2019 Opinion or Order Filing 7 ORDER ON MOTION: Petitioner's "Motion for Relief," which the court construes as a Motion for Order to Show Cause (Doc. #6 ) is hereby DENIED. Signed by Honorable Judge Charles S. Coody on 9/30/2019. (cnw, ) [Transferred from Alabama Middle on 12/12/2019.]
September 27, 2019 Filing 6 (Motion for Relief) MOTION for Order to Show Cause by Frank Edwin Pate. (cnw, ) [Transferred from Alabama Middle on 12/12/2019.]
August 29, 2019 Filing 5 Response to Order re #3 Order, by Frank Edwin Pate. (wcl, ) [Transferred from Alabama Middle on 12/12/2019.]
August 26, 2019 Filing 4 (Jurisdictional Question) NOTICE by Frank Edwin Pate. (cnw, ) [Transferred from Alabama Middle on 12/12/2019.]
August 16, 2019 Opinion or Order Filing 3 ORDER directing (1) This petition be construed as a motion to vacate under 28 U.S.C. 2255; (2) The United States of America shall henceforth be listed as the sole respondent; (3) on or before 8/30/2019, Pate shall inform the court if he wishes to do one of the following: (a) Continue to proceed only on the claims he presents in the construed 2255 motion; or (b) Amend the construed 2255 motion to assert any additional claims he wishes to assert under 2255 in challenging his conviction and sentence; or (c) Withdraw the construed 2255 motion and dismiss this action, as further set out in order. Signed by Honorable Judge Charles S. Coody on 8/16/19. (djy, ) [Transferred from Alabama Middle on 12/12/2019.]
August 13, 2019 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Frank Edwin Pate (No PDF document attached to this notice-See Docket entry #2 ).(djy, ) [Transferred from Alabama Middle on 12/12/2019.]
August 13, 2019 Filing 2 (CONSTRUED as a 2255 Motion pursuant to #3 order) PETITION for Writ of Habeas Corpus, filed by Frank Edwin Pate. (NO Filing Fee, NO IFP) (wcl, ) Modified on 8/16/2019 (djy, ). [Transferred from Alabama Middle on 12/12/2019.]
August 13, 2019 Opinion or Order Filing 1 Copy of ORDER, entered in 2:19-CV-574-MHT, directing the clerk to open a separate civil action for each inmate listed as a petitioner in this case and place a copy of the "Application of Habeas Corpus" in each newly opened case. Signed by Honorable Judge Susan Russ Walker on 8/13/2019. (wcl, ) [Transferred from Alabama Middle on 12/12/2019.]

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