Benson v. Davis
Petitioner: Andrew Scott Benson
Respondent: Texas Department of Criminal Justice, FNU Butcher and Lorie Davis-Director TDCJ-CID
Case Number: 1:2018cv00203
Filed: December 10, 2018
Court: US District Court for the Northern District of Texas
Presiding Judge: Sam R Cummings
Nature of Suit: Prisoner Pet/Habeas Corpus: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 5, 2019 Filing 10 Acknowledgment of Electronic Service by Office of Attorney General of Texas, re #9 Order to Show Cause. (jak)
February 5, 2019 Opinion or Order Filing 9 Order to Show Cause, Notice, and Instructions to Parties. It is ORDERED as follows: Respondent is directed to file an answer to Petitioner's petition pursuant to Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts within sixty (6) days from the date of this Order. No extensions will be granted. See Order for further instructions. The clerk will electronically serve this order, the petition, and supporting documents to the designee for the Office of the Texas Attorney General. (**Clerk's note: Order and referenced documents emailed to the attention of Edward Marshall, Chief, Criminal Appeals Division for the Texas Attorney General.) (Ordered by Senior Judge Sam R Cummings on 2/5/2019) (jak)
February 5, 2019 ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Tue Feb 5 10:21:21 CST 2019 (crt)
January 17, 2019 Filing 8 NOTICE of payment filed by Andrew Scott Benson. (jmc)
January 3, 2019 Opinion or Order Filing 7 ORDER. The Court has considered #6 Petitioner's letter request for an extension of time to pay the $5.00 filing fee filed on December 28, 2018, and finds that it should be GRANTED. Plaintiff shall have until February 3, 2019, to pay the filing fee in accordance with the Order entered on December 11, 2018. No further extensions shall be granted. SO ORDERED. (Ordered by Senior Judge Sam R Cummings on 1/3/2019) (jmc)
January 3, 2019 ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Thu Jan 3 11:18:06 CST 2019 (crt)
December 28, 2018 Filing 6 MOTION to Extend Time to pay filing fee filed by Andrew Scott Benson. (jmc)
December 11, 2018 Opinion or Order Filing 5 ORDER. The Court has considered #3 Petitioner's Application to Proceed in Forma Pauperis and his statement of inmate trust account provided by the institution where he is incarcerated, and finds that Petitioner is denied permission to proceed in forma pauperis. Petitioner had $104.92 in his inmate trust account as of December 3, 2018. It is, therefore, ORDERED Petitioner shall pay the $5.00 filing fee within 30 days of the date of this Order. Failure to comply with this Order may result in the dismissal of this action without further notice. Petitioner is in state custody and Lorie Davis, as Director of the Texas Department of Criminal Justice, Correctional Institutions Division is the person who holds Petitioner in custody; therefore, Lorie Davis is the proper Respondent. Although Petitioner named Warden Butcher TDCJ/U.S. Marshal Hold as the Respondent in his Petition, the caption of this case has been changed to reflect the proper Respondent. SO ORDERED. (Ordered by Senior Judge Sam R Cummings on 12/11/2018) (jmc)
December 11, 2018 ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Tue Dec 11 10:14:20 CST 2018 (crt)
December 10, 2018 Filing 4 Notice and Instruction to Pro Se Party. (jak)
December 10, 2018 Filing 3 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Andrew Scott Benson. (jak)
December 10, 2018 Filing 2 New Case Notes: A filing fee has not been paid. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) (jak)
December 10, 2018 Filing 1 PETITION for Writ of Habeas Corpus filed by Andrew Scott Benson. 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. (jak)
December 10, 2018 ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Mon Dec 10 16:40:26 CST 2018 (crt)

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Petitioner: Andrew Scott Benson
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Respondent: Texas Department of Criminal Justice
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Respondent: FNU Butcher
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Respondent: Lorie Davis-Director TDCJ-CID
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