Kennard v. Richer
| Romona Kennard |
| Mr Richer |
| 3:2019cv00383 |
| February 15, 2019 |
| US District Court for the Northern District of Texas |
| Jane J Boyle |
| David L Horan |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 6
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should dismiss the habeas application for lack of subject matter jurisdiction under Rule 4 of the Rules Governing Section 2254 Cases because Petitioner Romona Kennard has not shown that she currently is "in custody" at Terrell State Hospital under the order of a state court. (Ordered by Magistrate Judge David L. Horan on 4/12/2019) (zkc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 6. Fri Apr 12 14:53:01 CDT 2019 (crt) |
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Filing 5
ORDER REGARDING SUBJECT MATTER JURISDICTION : A federal court lacks subject matter jurisdiction to entertain a Section 2254 action if, at the time the habeas petition is filed, the prisoner is not "in custody" under the conviction and sentence he seeks to attack. The Court therefore ORDERS Ms. Kennard to file no later than March 22, 2019 a written response to this order to show the Court that it has subject matter jurisdiction over her habeas petition. (Ordered by Magistrate Judge David L. Horan on 2/20/2019) (ndt)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Wed Feb 20 12:06:38 CST 2019 (crt) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Romona Kennard. (ala) |
| Filing 3 PETITION for Writ of Habeas Corpus filed by Romona Kennard. 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. (ala) |
| Filing 2 Notice and Instruction to Pro Se Party. (ala) |
| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Horan (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 Horan). Clerk to provide copy to plaintiff if not received electronically. (ala) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Fri Feb 15 14:47:25 CST 2019 (crt) |
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