Shubert v. Director, TDCJ-CID et al
| Michael Eugene Shubert |
| Director, TDCJ-CID and Jennifer Cozby |
| 1:2022cv00188 |
| December 6, 2022 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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Filing 13
ORDER. Petitioner filed requests for appointment of counsel and an evidentiary hearing. Dkt. No. #12 . As explained in this Order, the requests are denied at this time. (Ordered by Judge James Wesley Hendrix on 1/25/2023) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 13. mailed to Michael Eugene Shubert at TDCJ Robertson Unit on Wed Jan 25 14:14:03 CST 2023 (crt) |
| **DISREGARD-Duplicate Entry***Clerk's Notice of delivery: (see NEF for details) Docket No: 13. mailed to Michael Eugene Shubert at TDCJ Robertson Unit on Wed Jan 25 14:14:04 CST 2023 (crt) Modified on 1/25/2023 (amg). |
| Filing 12 MOTION to Appoint Counsel, and MOTION for Evidentiary Hearing filed by Michael Eugene Shubert. (amg) |
| Filing 11 NOTICE of Attorney Appearance by Stephanie Wawrzynski on behalf of Director, TDCJ-CID. (Filer confirms contact info in ECF is current.) (Wawrzynski, Stephanie) |
| Filing 10 Acknowledgment of Electronic Service by the Office of the Attorney General of Texas re #9 Order to Show Cause, Notice and Instructions to Parties. (amg) |
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Filing 9
ORDER TO SHOW CAUSE, NOTICE, AND INSTRUCTIONS TO PARTIES. 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 60 days from the date of this order. Copies of the petition, attachments, any supporting brief, all orders, and other documents filed in this action will be served electronically upon the Texas Attorney General as Counsel for Respondent and will be directed to the attention of Edward Marshall, Chief, Criminal Appeals Division, Office of the Attorney General of Texas, Austin, Texas. See Fed. R. Civ. P. 5(b)(2)(E). The Clerk is directed to terminate Jennifer Cozby as a respondent in this case. Jennifer Cozby (Warden) terminated. **Clerk's Note: Appendix including #2 Petition, #4 Brief/Memorandum in Support, #5 Appendix in Support, emailed under cover of this Order to the Office of the Attorney General of Texas. (Ordered by Judge James Wesley Hendrix on 12/13/2022) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 9 . mailed to Michael Eugene Shubert at TDCJ Robertson Unit on Tue Dec 13 15:23:52 CST 2022 (crt) |
| Filing 8 Notice and Instruction to Pro Se Party. (amg) |
| Filing 7 New Case Notes: A filing fee has been paid. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) (amg) |
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Filing 6
ELECTRONIC Order transferring a petition for writ of habeas corpus under 28 U.S.C. 2254 to the the Abilene Division of the United States District Court for the Northern District of Texas. Under the authority of Miscellaneous Order No. 6, this action is transferred to the Abilene Division, where the Taylor County conviction Petitioner contests arose. See 28 U.S.C. 2241(d). (Ordered by Magistrate Judge Rebecca Rutherford on 12/8/2022) (chmb)
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| NEW CASE NUMBER 1:22-cv-00188-H Shubert v. Director, TDCJ-CID et al has been opened following the order of transfer entered in case number 3:22cv2721-E. Future filings should reflect only the new case number and be directed to the proper division (see LR 5.1(a)). Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (ldm) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 6, 8. and copy of Case Transferred In - Divisional Transfer event mailed to Michael Eugene Shubert at TDCJ Robertson Unit on Thu Dec 8 15:17:01 CST 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 3. Wed Dec 7 14:03:00 CST 2022 (crt) |
| Filing 5 Appendix in Support filed by Michael Eugene Shubert re #4 Brief/Memorandum in Support of Motion. (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s)). (mlb) |
| Filing 4 Brief/Memorandum in Support filed by Michael Eugene Shubert re #2 Petition for Writ of Habeas Corpus. (mlb) |
| Filing 3 Notice and Instruction to Pro Se Party. (mlb) |
| Filing 2 PETITION for Writ of Habeas Corpus filed by Michael Eugene Shubert. (Filing fee $5; receipt number 300002687) 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. (mlb) (Main Document 2 replaced on 12/7/2022) (mlb). |
| Filing 1 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Rutherford (see Special Order 3). Initiating documents received by mail. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (mlb) |
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