Barker v. Stephens-Director TDCJ-CID

Justia Dockets & Filings Fifth Circuit Texas Northern District Barker v. Stephens-Director TDCJ-CID

Barker v. Stephens-Director TDCJ-CID

Petitioner:	Arthur Joyal Barker
Respondent:	William Stephens-Director TDCJ-CID
Case Number:	3:2015cv03134
Filed:	September 25, 2015
Court:	US District Court for the Northern District of Texas
Office:	Dallas Office
County:	Dallas
Presiding Judge:	Barbara M.G. Lynn
Presiding Judge:	Renee Harris Toliver
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
October 29, 2015	Filing 5 ORDER ACCEPTING 3 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: IT IS THEREFORE ORDERED that the 2 Motions for Leave to File for Discovery and for Leave to Proceed In Forma Pauperis are DENIED. Construed as a petition for wr it of habeas corpus, the Motion for Leave to File is summarily DISMISSED without prejudice for lack of jurisdiction because Petitioner has not obtained authorization to file a successive habeas petition from the United States Court of Appeals for the Fifth Circuit. Considering the record in this case and pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing Sections 2254 and 2255 Proceedings in the United States District Court, and 28 U.S.C. § 2253(c), the Court DENIES a certificate of appealability. (Ordered by Judge Barbara M.G. Lynn on 10/29/2015) (bdb)

Date Filed

Document Text

October 29, 2015

Filing 5 ORDER ACCEPTING 3 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: IT IS THEREFORE ORDERED that the 2 Motions for Leave to File for Discovery and for Leave to Proceed In Forma Pauperis are DENIED. Construed as a petition for wr it of habeas corpus, the Motion for Leave to File is summarily DISMISSED without prejudice for lack of jurisdiction because Petitioner has not obtained authorization to file a successive habeas petition from the United States Court of Appeals for the Fifth Circuit. Considering the record in this case and pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing Sections 2254 and 2255 Proceedings in the United States District Court, and 28 U.S.C. § 2253(c), the Court DENIES a certificate of appealability. (Ordered by Judge Barbara M.G. Lynn on 10/29/2015) (bdb)

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Petitioner: Arthur Joyal Barker
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Respondent: William Stephens-Director TDCJ-CID
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