Cole v. Sheriff of Denton County
| Brian Jacob Cole |
| Sheriff of Denton County, Texas |
| 4:2025cv00615 |
| June 8, 2025 |
| U.S. District Court for the Eastern District of Texas |
| Jeremy D Kernodle |
| K Nicole Mitchell |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 s Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
This docket was last retrieved on September 8, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 Acknowledgment of Receipt by Brian Jacob Cole on 7/31/2025 as to #8 REPORT AND RECOMMENDATION. (rpc) |
Filing 11
FINAL JUDGMENT. It is ORDERED that this petition for a writ of habeas corpus is DISMISSED without prejudice. A certificate of appealability is DENIED. All pending motions are DENIED as moot. The Clerk of Court is instructed to close this case. Signed by District Judge Jeremy D. Kernodle on 8/28/2025. (xl)
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Filing 10
ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for #8 . Having conducted a de novo review of the Report and the record in this case, the Court has determined that the Report of the United States Magistrate Judge is correct, and Petitioner's objections are without merit. The Court therefore OVERRULES Petitioner's objections (Docket No. #9 ) and ADOPTS the Report and Recommendation of the Magistrate Judge (Docket No. #8 ) as the opinion of the Court. Petitioner's petition for a writ of habeas corpus is hereby DISMISSED without prejudice. Further, the Court DENIES a certificate of appealability. Signed by District Judge Jeremy D. Kernodle on 8/28/2025. (xl)
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| Clerk's Notice of Mailing - Doc(s) #10 , #11 mailed to Brian Jacob Cole at the address indicated on the NEF unless otherwise indicated. Mail type: Regular. (xl) |
| Filing 9 MOTION for Reconsideration re #8 REPORT AND RECOMMENDATION by Brian Jacob Cole. (rpc) |
| Filing 8 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #4 Petition for Writ of Habeas Corpus. It is recommended that the petition for a writ of habeas corpus be dismissed without prejudice under the Younger abstention doctrine or, alternatively, for failure to exhaust available state remedies. It is further recommended that a certificate of appealability be denied. 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. 28 U.S.C. 636(b)(1)(C). Signed by Magistrate Judge K. Nicole Mitchell on 7/25/2025. (xl) |
| Filing fee received: $ 5, receipt number 6-69572 (gsm) |
| Filing 7 Correspondence from Brian Jacob Cole. (Attachments: #1 Envelope) (xl) |
| Filing 5 SEALED ADDITIONAL ATTACHMENTS to Main Document: #4 Petition for Writ of Habeas Corpus. (xl) |
| Filing 4 PETITION for Writ of Habeas Corpus, filed by Brian Jacob Cole. (Attachments: #1 Additional Attachment(s))(xl) |
Filing 3
ORDER. It is ORDERED that the Clerk of Court send Petitioner a copy of the form application for prisoners to proceed in forma pauperis and a copy of the standard 2241 form. It is further ORDERED that Petitioner has thirty (30) days from the receipt of this Order to complete the 2241 form fully and legibly and to submit it to the Court. It is also ORDERED that Petitioner has thirty (30) days from the receipt of this Order to either pay the $5.00 filing fee or submit an application to proceed in forma pauperis, together with a certified in forma pauperis data sheet. Signed by Magistrate Judge K. Nicole Mitchell on 6/12/2025. (xl)
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| Filing 2 Case assigned to District Judge Jeremy D. Kernodle and referred to Magistrate Judge K. Nicole Mitchell. (Attachments: #1 Magistrate Referral) (xl) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Brian Jacob Cole. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Additional Attachment(s), #4 Additional Attachment(s))(xl) |
| 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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| Respondent: Sheriff of Denton County, Texas | |
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