Johnson v. Collins
| Reginald Johnson |
| Director, TDCJ-CID and Bryan Collins |
| 1:2023cv00195 |
| September 29, 2023 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
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Filing 8
ORDER. The Court finds that if Petitioner wishes to reopen this habeas action, he must either pay the $5.00 filing fee or submit an application to proceed in forma pauperis with the required certificate of inmate trust account within 20 days of the date of this order. (Ordered by Judge James Wesley Hendrix on 11/20/2023) (skf)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. mailed to Reginald Johnson at TDCJ Lindsey State Jail on Mon Nov 20 14:57:25 CST 2023 (crt) |
| Filing 7 AMENDED PETITION for Writ of Habeas Corpus filed by Reginald Johnson. 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. (skf) |
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Filing 6
JUDGMENT. For the reasons stated in the Court's order entered today, it is ordered, adjudged, and decreed that this petition for writ of habeas corpus is dismissed without prejudice for want of prosecution. (Ordered by Judge James Wesley Hendrix on 11/6/2023) (skf)
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Filing 5
ORDER. The Court finds that Petitioner has failed to comply with the Court's orders or show good cause why his petition should not be dismissed. The Court, therefore, finds that Petitioner's petition for writ of habeas corpus should be dismissed without prejudice for want of prosecution and for failure to comply with the Court's prior orders. (Ordered by Judge James Wesley Hendrix on 11/6/2023) (skf)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. mailed to Reginald Johnson at TDCJ Lindsey State Jail on Mon Nov 6 11:05:27 CST 2023 (crt) |
| Filing 4 Notice and Instruction to Pro Se Party. (skf) |
| Filing 3 New Case Notes: A filing fee has not been paid. (skf) |
| Filing 2 PETITION for Writ of Habeas Corpus filed by Reginald Johnson. 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. (skf) |
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Filing 1
ORDER DISMISSING CIVIL RIGHTS CASE AND SEVERING HABEAS CLAIMS. Plaintiff's requested relief -to have his sentence voided or a new trial- is only available under the habeas corpus statutes. See Freiser v. Rodriguez, 411 U.S. 475, 477(1973). Although Plaintiff admitted that his conviction had not been set aside, reversed, or otherwise invalidated at the time he filed this civil-rights complaint, it is not clear whether he has even challenged the legality of his conviction in the Texas Court of Criminal Appeals. Nor has he filed a petition for writ of habeas corpus under 28 U.S.C. 2254. So, the Court finds that Plaintiff's challenge to his conviction and sentence is potentially cognizable under Section 2254, and Plaintiff should have the opportunity to further develop his claims in a separate habeas action. This, the Court severs Plaintiff's request for habeas relief from this civil action into a new petition under Section 2254. The Court directs the Clerk of Court to open a new habeas action under 28 U.S.C. 2254, with Plaintiff's original complaint as the initiating document and naming Director, TDCJ-CID as the respondent. The Clerk will also docket a copy of this order in the new case. The Clerk is directed to provide to Plaintiff, with service of this order, a standard form petition for cases filed under 28 U.S.C. 2254 (labeled "amended" and stamped with the new cause number), and a form application to proceed informa pauperis. **Clerk's Note: Amended 2254 Petition and application to proceed in forma pauperis mailed to Petitioner. (Ordered by Judge James Wesley Hendrix on 9/29/2023) (skf)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,4. mailed to Reginald Johnson at TDCJ Lindsey State Jail on Fri Sep 29 16:22:42 CDT 2023 (crt) |
| Judge James Wesley Hendrix added. Senior Judge Sam R Cummings no longer assigned to case. (skf) |
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