Garcia v. Davis-Director TDCJ-CID
| Joseph C Garcia |
| Lorie Davis-Director TDCJ-CID |
| 3:2018cv03195 |
| November 30, 2018 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Barbara MG Lynn |
| Rebecca Rutherford |
| Prisoner Pet/Habeas Corpus: Death Penalty |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 5
JUDGMENT: Habeas corpus petition is successive, and the clerk is directed to transfer the matter to the Fifth Circuit Court of Appeals. Petitioner has previously been allowed to proceed in forma pauperis and this status is continued for purposed of appeal. The Court DENIES a certificate of appealability. (Fifth Circuit notified via copy of the Notice of Electronic Filing.) (Ordered by Chief Judge Barbara M.G. Lynn on 12/3/2018) (axm)
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Filing 2
MEMORANDUM OPINION AND ORDER: Garcia's motion for relief under Rule 60(b) (doc. 142 in case 3:06-cv-2185-M) is a successive application for habeas relief and is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit along with the application to stay his execution (Stay Motion, doc. 144 in case 3:06-cv-2185-M). The Clerk of Court is DIRECTED to open for statistical purposes a new civil action and to close the same on the basis of this Order. The Court DENIES a certificate of appealability. [Originally filed as document 148 in case 3:06-cv-2185-M] (Ordered by Chief Judge Barbara M.G. Lynn on 12/3/2018) (axm)
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| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Rutherford (see Special Order 3). Case received over counter/electronically. 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. (axm) |
| Filing 4 MOTION to Stay of Execution Pending Consideration and Disposition of Rule 60(b) Motion filed by Joseph C Garcia. [Originally filed as document #144 in case 3:06-cv-2185-M] (axm) |
| Filing 3 PETITION for Writ of Habeas Corpus filed by Joseph C Garcia. 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. [Originally filed as document #142 in case 3:06-cv-2185-M] (axm) |
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| Petitioner: Joseph C Garcia | |
| Represented By: | Dale Baich-FPD |
| Represented By: | Mridula Raman |
| Represented By: | Jessica Salyers |
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| Respondent: Lorie Davis-Director TDCJ-CID | |
| Represented By: | Jefferson David Clendenin |
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