Cole v. Director, TDCJ-CID
| Brian Jacob Cole and Glenn Willingham Fearn |
| Director, TDCJ-CID |
| 4:2025cv00235 |
| March 7, 2025 |
| U.S. District Court for the Eastern District of Texas |
| J Campbell Barker |
| K Nicole Mitchell |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on November 5, 2025. A more recent docket listing may be available from PACER.
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Filing 24
MOTION for Reconsideration Demand for Certificate of Appealability by Brian Jacob Cole. (xl)
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Filing 23
Correspondence from Brian Jacob Cole. (Attachments: #1 Envelope) (xl)
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Filing 22
Affidavit of Fact to Federal Habeas Corpus by Brian Jacob Cole re #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Additional Attachment(s))(xl)
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Filing 21
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #1 . It is recommended that the above-styled petition filed under 28 U.S.C. 2254 be dismissed without prejudice for failure to exhaust state remedies. Within fourteen days after service of the magistrate judge's report, any party may serve and file specific written objections to the findings and recommendations of the magistrate judge. Signed by Magistrate Judge K. Nicole Mitchell on 6/3/2025. (xl)
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Filing 20
NOTICE by family members Brad Swain, Stephanie Cole, Roger Haynes, Ouimet, Kenneth. (xl) Modified text on 6/4/2025 (xl).
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Filing 19
PETITION for Writ of Habeas Corpus, filed by Brian Jacob Cole. (Attachments: #1 Additional Attachment(s), #2 Additional Attachment(s), #3 Exhibit A, #4 Exhibit B)(xl)
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Filing 18
Mail Returned as Undeliverable. Order #14 sent to Glenn Willingham Fearn returned marked "RETURN TO SENDER - VACANT - FINAL NOTICE - UNABLE TO FORWARD" (jmb)
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Filing 17
ORDER. It is accordingly ORDERED that the Report and Recommendation (Dkt. #14 ) is WITHDRAWN. It is further ORDERED that Petitioner Brian Jacob Cole shall sign and refile his 2254 petition himself or through a licensed attorney within 30 days from the date of receipt of this order. (Motion(s) #14 terminated). Signed by Magistrate Judge K. Nicole Mitchell on 5/15/2025. (xl)
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Filing 16
OBJECTION to #14 Report and Recommendation by Brian Jacob Cole. (Attachments: #1 Envelope)(xl)
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Filing 15
Acknowledgment of Receipt by Brian Jacob Cole on 5/1/2025 as to #14 REPORT AND RECOMMENDATION. (xl)
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Filing 14
***WITHDRAWN PER DKT #17 .***REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #1 Petition for Writ of Habeas Corpus. It is therefore recommended that the construed 2254 petition for habeas corpus be dismissed without prejudice. Fed. R. Civ. Proc. 41(b). Within fourteen days after service of the magistrate judge's report, any party may serve and file specific written objections to the findings and recommendations of the magistrate judge. Signed by Magistrate Judge K. Nicole Mitchell on 4/25/2025. (xl) Modified on 5/15/2025 (xl).
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Filing 13
Acknowledgment of Receipt by Brian Jacob Cole on 3/18/2025 as to #8 Order. (xl)
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Filing 12
Mail sent to Glenn Fern returned as undeliverable re #8 Order. (gsm)
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Filing 11
Mail Returned as Undeliverable. Docs #7 sent to Glenn Willingham Fearn returned marked "RETURN TO SENDER - ATTEMPTED NOT KNOWN - UNABLE TO FORWARD" (xl)
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Filing 10
Acknowledgment of Receipt by Brian Jacob Cole on 3/18/25 as to #8 Order and form. (kcv)
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Filing 9
Acknowledgment of Receipt by Glenn Willingham Fearn on 3/21/2025 as to #8 Order. (xl)
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Filing 8
ORDER re #1 Petition for Writ of Habeas Corpus, filed by Glenn Winningham Fearn. ORDERED that Glenn Winningham Fearn, would-be next of friend, shall file a response showing that he meets the criteria. Petitioner Brian Jacob Cole shall sign and refile his 2254 petition himself or through a licensed attorney within 30 days from the date of receipt of this order. Signed by Magistrate Judge K. Nicole Mitchell on 3/11/2025. (gsm)
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Filing 7
Case Assigned to District Judge J. Campbell Barker and referred to Magistrate Judge K. Nicole Mitchell. (Attachments: #1 Magistrate Referral) (xl)
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Filing 6
Case transferred in from District of Texas Northern; Case Number 4:25-cv-00222. Original file certified copy of transfer order and docket sheet received. Pursuant to LR CV-7(j), other than in a prisoner case, any motion pending in the transferor district is considered moot, has been terminated, and must be re-urged to be considered in this district
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Filing 5
ORDER OF TRANSFER: Denton County lies within the Eastern District of Texas. Pursuant to 28 U.S.C. 2241(d), this action is TRANSFERRED to the United States District Court for the Eastern District of Texas. (Ordered by Judge Reed C. O'Connor on 3/7/2025) (mmw) [Transferred from Texas Northern on 3/7/2025.]
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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. (xl)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Fri Mar 7 15:14:14 CST 2025 (crt) [Transferred from Texas Northern on 3/7/2025.]
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***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Fri Mar 7 15:14:03 CST 2025 (crt) [Transferred from Texas Northern on 3/7/2025.]
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Filing 4
Notice and Instruction to Pro Se Party (mmw) [Transferred from Texas Northern on 3/7/2025.]
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Filing 3
New Case Notes: A filing fee has 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (mmw) [Transferred from Texas Northern on 3/7/2025.]
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Filing 2
Untitled document filed by Brian Jacob Cole (mmw) [Transferred from Texas Northern on 3/7/2025.]
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Filing 1
PETITION for Writ of Habeas Corpus filed by Glenn Winningham Fearn. (Filing fee $5; receipt number FW4-4323) 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. (mmw) [Transferred from Texas Northern on 3/7/2025.]
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***Clerk's Notice of delivery: (see NEF for details) Docket No:3, 4. Thu Mar 6 16:33:22 CST 2025 (crt) [Transferred from Texas Northern on 3/7/2025.]
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