Pate v. Director, TDCJ-CID

Pate v. Director, TDCJ-CID

Petitioner:	Cheyenne Pate
Respondent:	Director, TDCJ-CID
Case Number:	6:2012cv00866
Filed:	November 7, 2012
Court:	US District Court for the Eastern District of Texas
Office:	Tyler Office
County:	Anderson
Presiding Judge:	Leonard Davis
Presiding Judge:	Judith K. Guthrie
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
June 3, 2013	Filing 28 MEMORANDUM ORDER ADOPTING 26 Report and Recommendations. Petitioner's application for writ of habeas corpus is DISMISSED without prejudice for failure to exhaust state remedies. Petitioner is DENIED a certificate of appealability sua sponte. T he denial of this certificate refers only to an appeal of the present habeas petition and shall have no effect upon Pate's right to present his claims to the courts of the State of Texas in aprocedurally proper manner, or to thereafter seek relief in federal court in the event that he does not obtain the relief he seeks in state court. Any and all other motions which may be pending in this civil action are hereby DENIED. Signed by Judge Leonard Davis on 06/03/13. (mll, )

Date Filed

Document Text

June 3, 2013

Filing 28 MEMORANDUM ORDER ADOPTING 26 Report and Recommendations. Petitioner's application for writ of habeas corpus is DISMISSED without prejudice for failure to exhaust state remedies. Petitioner is DENIED a certificate of appealability sua sponte. T he denial of this certificate refers only to an appeal of the present habeas petition and shall have no effect upon Pate's right to present his claims to the courts of the State of Texas in aprocedurally proper manner, or to thereafter seek relief in federal court in the event that he does not obtain the relief he seeks in state court. Any and all other motions which may be pending in this civil action are hereby DENIED. Signed by Judge Leonard Davis on 06/03/13. (mll, )

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Respondent: Director, TDCJ-CID
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Petitioner: Cheyenne Pate
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