Smith v. Jimenez
| Roger Alan Smith |
| Joe Edd Boaz and Danny Jimenez |
| 1:2019cv00143 |
| June 26, 2019 |
| U.S. District Court for the Northern District of Texas |
| Sam R Cummings |
| James Wesley Hendrix |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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| Filing 16 MOTION Request to Present this Exibit (sic) of Evidence and Attatment (sic) of Argument and Authoritys (sic) as Addendum and Brief filed by Roger Alan Smith with Brief/Memorandum in Support. (Clerk's Note: Pages 11 through 22 were included in the second envelope labeled #2) (jmc) |
| Filing 15 Public correspondence addressed to Judge Cummings received from Roger Alan Smith. Deputy clerk response attached per chambers, re: #14 Order Reassigning Case. (**Clerk's note: copy of Special Order 3-331 #14 mailed to Petitioner at address listed on correspondence.) (Attachments: #1 Pro Se Response Letter) (jak) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. Tue Aug 13 14:44:49 CDT 2019 (crt) |
Filing 14
Pursuant to Special Order 3-331 the clerk is to reassign all cases assigned to Judge Cummings that do not appear on Exhibit A to the docket of US District Judge Wes Hendrix, and all such cases are to carry the suffix letter "H." (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief Judge Barbara M. G. Lynn on 8/9/2019) (lrl)
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| Filing 13 Motion to Amend/Correct #2 Petition for Writ of Habeas Corpus and #8 Petition for Writ of Habeas Corpus filed by Roger Alan Smith. (Attachments: #1 Attachments) (jak) |
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Filing 12
ORDER: If, upon reviewing all of the pleadings filed in the instant case, the Court determines an evidentiary hearing is necessary for the disposition of any of Petitioner's claims, it will order such hearing and/or discovery sua sponte. Petitioner's request for an evidentiary hearing #10 is DENIED. For the reasons stated herein, Petitioner's request for appointment of counsel is DENIED. The Court will construe the Motion to File a Rebuttal as an addendum to the Petition and include the details provided in the screening of this civil action. Petitioner's request to file a rebuttal in the form of an addendum to the Amended Petition is GRANTED. (Ordered by Senior Judge Sam R Cummings on 7/19/2019) (jak)
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Filing 11
Order: The Court finds that Petitioner should be granted permission to proceed in forma pauperis until further order. Petitioner has listed the Jones County Jail as his current place of confinement. Jones County Sheriff Danny Jimenez is the proper Respondent. The Clerk is directed to change the caption of this case to reflect that Danny Jimenez, Jones County Sheriff, is the proper Respondent, and Joe Edd Boaz shall be terminated as a party to this civil action. SO ORDERED. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. (**Clerk's note: a copy of this order mailed to the Inmate Trust Account for the Jones County Sheriff's Department.) (Ordered by Senior Judge Sam R Cummings on 7/19/2019) (jak)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11, 12. Fri Jul 19 10:31:27 CDT 2019 (crt) |
| Filing 10 Addennum (sic) and Attachment, Motion to File a Rebuttal, Request for Appointment of Counsel, Request for Evidentiary Hearing and Statements of Factual and Legal Complexity filed by Roger Alan Smith. (jak) (Main Document 10 replaced on 7/17/2019) (jak). |
| Filing 9 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Roger Alan Smith. (jak) |
| Filing 8 PETITION for Writ of Habeas Corpus filed by Roger Alan Smith. 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) (Additional attachment(s) added on 7/17/2019: #1 Additional Page(s)) (jak). Pages 6 - 10 of the Petition mailed in separate envelope. |
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Filing 7
Deficiency Order: It is ORDERED that Petitioner's #5 request to proceed in forma pauperis found in his original complaint is DENIED for the reasons stated herein. Petitioner shall pay the $5.00 filing fee or file a proper application to proceed in forma pauperis and a certificate of his inmate trust account within thirty (30) days form the date of this Order. Petitioner must also file an amended petition using the form provided by the Clerk within thirty (30) days from the date of this Order. Failure to comply with this Order may result in the dismissal of this action without further notice. The Clerk shall mail to Petitioner an Application to Proceed in Forma Pauperis and a 2254 petition marked "Amended Petition." (Ordered by Senior Judge Sam R Cummings on 6/28/2019) (Attachments: #1 2254, #2 Application to Proceed In Forma Pauperis) (jak)
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Filing 6
ORDER: The Court has considered Petitioner's request for the #4 appointment of counsel and finds that at this time, Petitioner has failed to demonstrate that his case is so legally or factually complex that he is unable to adequately investigate and present his claim. The Court, therefore, finds that Petitioner's request for the appointment of counsel should be DENIED in all things. (Ordered by Senior Judge Sam R Cummings on 6/28/2019) (jak)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6, 7. Fri Jun 28 13:46:47 CDT 2019 (crt) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis (contained within body of Petition on page 5) filed by Roger Alan Smith. (**Clerk's note: document attached is the same one entered for the Petition at #2 .) (jak) |
| Filing 4 MOTION to Appoint Counsel (request made within body of Petition #2 on page 2 and page 5) filed by Roger Alan Smith. (jak)(**Clerk's note: document attached is the same as the document entered at #2 . (jak). |
| Filing 3 Notice and Instruction to Pro Se Party. (jak) |
| Filing 2 PETITION for Writ of Habeas Corpus filed by Roger Alan Smith. 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) |
| Filing 1 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) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Wed Jun 26 13:31:06 CDT 2019 (crt) |
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