Brewer v. Davis-Director TDCJ-CID
Plaintiff: James Dee Brewer, Jr
Defendant: Warden Lorie Davis
Respondent: Lorie Davis-Director TDCJ-CID
Case Number: 3:2019cv01655
Filed: July 11, 2019
Court: US District Court for the Northern District of Texas
Presiding Judge: Sam A Lindsay
Referring Judge: Renee Harris Toliver
Nature of Suit: Prisoner Pet/Habeas Corpus: General
Cause of Action: 28:2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2019 Opinion or Order Filing 13 ELECTRONIC ORDER: The motion to proceed in forma pauperis and the certificate of inmate trust account reflect an average six-month balance in Petitioner's inmate trust account of $112.66 and a current balance of $253.12. See Docs. #11 and #12 . The filing fee in a habeas corpus proceeding under 28 U.S.C. 2254 is $5.00. Miscellaneous Order No. 6, filed on May 5, 2005, provides that a person seeking relief pursuant to 28 U.S.C. 2241 and 2554 may proceed in forma pauperis if the average six month balance of the persons inmate trust account and other financial resources are less than $50.00. Under this standard, Petitioner does not qualify for in forma pauperis status. Therefore, Petitioner is ORDERED to pay the $5.00 filing fee by 9/11/2019. PETITIONER'S FAILURE TO PAY THE $5.00 FILING FEE MAY RESULT IN THE DENIAL OF THE MOTION TO PROCEED IN FORMA PAUPERIS AND THE DISMISSAL OF THE PETITION FOR FAILURE TO PROSECUTE. (Ordered by Magistrate Judge Renee Harris Toliver on 8/7/2019) (chmb)
August 7, 2019 Filing 12 Certificate of Trust Account submitted by TDCJ for James Dee Brewer, Jr, TDCJ # 01939439. NOTE: This CTA was obtained by TDCJ due to defendant's inability to access the prison law library. Docketed per the instruction by U.S. Magistrate Judge. (ctf)
August 6, 2019 Filing 11 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by James Dee Brewer, Jr. (mla)
August 6, 2019 Filing 10 PETITION for Writ of Habeas Corpus filed by James Dee Brewer, Jr. 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. (mla)
July 12, 2019 Opinion or Order Filing 9 ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Petitioner James Dee Brewer, Jr., must address the following deficiency: Petitioner did not sign the petition for writ of habeas and motion to proceed in forma pauperis. In addition, he did not file a signed certificate of inmate trust account, reflecting the current and six-month average balance and deposits in his inmate account. Therefore, by 8/12/2019, Petitioner is ORDERED to (1) sign and return the enclosed copy of the petition for writ of habeas corpus and motion to proceed in forma pauperis that he filed and (2) file the required certificate of inmate trust account. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE DISMISSAL OF THIS ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(b).The Clerk of the Court is directed to provide to Petitioner, with service of this Order, a copy of the petition and motion to proceed in forma pauperis that he submitted. Doc. #1 and Doc. #2 . (Ordered by Magistrate Judge Renee Harris Toliver on 7/12/2019) (chmb)
July 11, 2019 Filing 8 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (ykp)
July 11, 2019 ***Clerk's Notice of delivery: (see NEF for details) Docket No:6,7. Thu Jul 11 12:42:51 CDT 2019 (crt)
July 11, 2019 Filing 7 Notice and Instruction to Pro Se Party (ykp)
July 11, 2019 Filing 6 ***DISREGARD\SEE 8 FOR CORRECT FILING FEE INFORMATION***New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (ykp) Modified on 7/12/2019 (ykp).
July 11, 2019 Filing 5 Case electronically transferred in from District of Texas Southern; Case Number 4:19-cv-02473. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed.
July 11, 2019 Interdistrict transfer to Northen District of Texas, Dallas Division. Case transferred electronically. Case terminated on 7/11/2019, filed. (sashabranner, 4) [Transferred from Texas Southern on 7/11/2019.]
July 11, 2019 Opinion or Order Filing 4 ORDER TO TRANSFER CASE to Northern District of Texas, Dallas Division (Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4) [Transferred from Texas Southern on 7/11/2019.]
July 9, 2019 Filing 3 NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (bmendoza, 5) [Transferred from Texas Southern on 7/11/2019.]
July 9, 2019 Filing 2 APPLICATION to Proceed In Forma Pauperis by James Dee Brewer, Jr, filed. Motion Docket Date 7/30/2019. (bmendoza, 5) [Transferred from Texas Southern on 7/11/2019.]
July 9, 2019 Filing 1 PETITION for Writ of Habeas Corpus (State Custody) (Filing fee $ 5) filed by James Dee Brewer, Jr.(bmendoza, 5) [Transferred from Texas Southern on 7/11/2019.]

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Defendant: Warden Lorie Davis
Represented By: Edward L Marshall
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Plaintiff: James Dee Brewer, Jr
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Respondent: Lorie Davis-Director TDCJ-CID
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