Toliver v. Gutierrez et al
| Andrew Toliver |
| Brian Collier, David Gutierrez, NFN Kimbro and NFN Aiello |
| 3:2020cv03109 |
| October 13, 2020 |
| US District Court for the Northern District of Texas |
| Ada Brown |
| David L Horan |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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This docket was last retrieved on November 13, 2020. A more recent docket listing may be available from PACER.
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9,10,11. Fri Nov 13 10:53:07 CST 2020 (crt) |
Filing 11
JUDGMENT: This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered, it is ORDERED, ADJUDGED and DECREED that this action is DISMISSED without prejudice. (Ordered by Judge Ada Brown on 11/12/2020) (ndt)
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Filing 10
Order Accepting #8 Supplemental Findings and Recommendations re: #3 Complaint, filed by Andrew Toliver. The Court therefore DISMISSES the construed civil rights complaint [Dkt. No. #5 ] with prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) and DIRECTS the Clerk of Court to OPEN for statistical purposes a new action under 42 U.S.C. 1983 NOS 550, directly assigned to the undersigned and Magistrate Judge Horan and to CLOSE the same. (New Case No.3:20-cv-03394-E-BN) (Ordered by Judge Ada Brown on 11/12/2020) (ndt) Modified on 11/23/2020 (ndt).
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Filing 9
Order Accepting #4 Findings and Recommendations and Denying Certificate of Appealability re: #3 Complaint, filed by Andrew Toliver. (Ordered by Judge Ada Brown on 11/12/2020) (ndt)
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Filing 8
SUPPLEMENTAL FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should dismiss the construed #3 civil rights complaint with prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) and direct the Clerk of Court to open for statistical purposes a new action under 42 U.S.C. 1983 and close the same based on any order accepting or adopting these supplemental findings, conclusions, and recommendation. (Ordered by Magistrate Judge David L. Horan on 10/28/2020) (mla)
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Filing 7
ORDER granting #6 Motion for Leave to Proceed In Forma Pauperis. (Ordered by Magistrate Judge David L. Horan on 10/28/2020) (mla)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7, 8. Wed Oct 28 14:29:00 CDT 2020 (crt) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Andrew Toliver. (mjr) |
| Filing 5 AMENDED PETITION for Writ of Habeas Corpus filed by Andrew Toliver. 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. (mjr) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Mon Oct 19 08:54:23 CDT 2020 (crt) |
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Filing 4
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: #3 Complaint. The Court should dismiss the construed Section 2254 habeas application without prejudice. (Ordered by Magistrate Judge David L. Horan on 10/16/2020) (oyh)
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| Filing 3 PETITION for Writ of Habeas Corpus filed by Andrew Toliver. 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. |
| Filing 2 Notice and Instruction to Pro Se Party. (mjr) |
| 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. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) 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. (mjr) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Tue Oct 13 14:59:24 CDT 2020 (crt) |
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