Marshall v. Davis-Director TDCJ-CID
Petitioner: Claude Thomas Marshall
Respondent: Lorie Davis-Director TDCJ-CID
Case Number: 3:2019cv01709
Filed: July 17, 2019
Court: US District Court for the Northern District of Texas
Presiding Judge: Karen Gren Scholer
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 September 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 12, 2019 ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. NEF of Document 7 remailed per #9 Notice of Change of Address Thu Sep 12 18:38:47 CDT 2019 (crt)
September 6, 2019 Filing 9 NOTICE of Change of Address for Pro Se litigant Claude Thomas Marshall. New address: 2 Jester Road, Richmond, Texas 77406. (ykp)
September 3, 2019 ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. NEF of document 7 mailed Tue Sep 3 13:03:59 CDT 2019 (crt)
September 3, 2019 Opinion or Order Filing 8 ORDER to Show Cause to Petitioner. Petitioner's response regarding the one-year statute of limitations is due by 10/1/2019. (Ordered by Magistrate Judge Renee Harris Toliver on 9/3/2019) (chmb)
September 3, 2019 Opinion or Order Filing 7 ELECTRONIC Order and Notice of Deficiency: Petitioner Claude Thomas Marshall must address the following deficiency: The Memorandum for Petition for Writ of Habeas Corpus Under 28 U.S.C. 2254 is 43 pages and includes 120 pages of exhibits. Doc. #5 . Local Civil Rule 7.2(c) provides that [a] brief must not exceed 25 pages (excluding the table of contents and table of authorities)," absent permission of the Court. Therefore, by 10/1/2019, Petitioner is ORDERED to file an amended brief no longer than 25 pages. Petitioner's failure to comply with this order may result in the dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b). (Ordered by Magistrate Judge Renee Harris Toliver on 9/3/2019) (chmb)
July 18, 2019 Opinion or Order Filing 6 ELECTRONIC ORDER: The motion to proceed in forma pauperis reflects an average six-month balance in the inmate trust account of $71.43, and a current balance of $89.68. See Doc. #4 . 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 person's 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 8/22/2019. 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 7/18/2019) (chmb)
July 17, 2019 Filing 5 Brief/Memorandum in Support filed by Claude Thomas Marshall re #3 Petition for Writ of Habeas Corpus. (Attachments: #1 Exhibit(s)) (axm)
July 17, 2019 ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Wed Jul 17 16:59:55 CDT 2019 (crt)
July 17, 2019 Filing 4 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Claude Thomas Marshall. (ndt)
July 17, 2019 Filing 3 PETITION for Writ of Habeas Corpus filed by Claude Thomas Marshall. 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. (ndt) (Main Document 3 replaced on 7/18/2019 to extract and file Brief in Support) (axm).
July 17, 2019 Filing 2 Notice and Instruction to Pro Se Party. (ndt)
July 17, 2019 Filing 1 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). 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (ndt)

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Petitioner: Claude Thomas Marshall
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Respondent: Lorie Davis-Director TDCJ-CID
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