Joe v. Director, TDCJ-CID
| Demarcus Kenard Joe |
| Director, TDCJ-CID |
| 3:2020cv03133 |
| October 14, 2020 |
| US District Court for the Northern District of Texas |
| Sidney A Fitzwater |
| Renee Harris Toliver |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on December 7, 2020. A more recent docket listing may be available from PACER.
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Filing 6
JUDGMENT: It is therefore ordered and adjudged that the petition for writ of habeas corpus under 28 U.S.C. 2254 is dismissed without prejudice for lack of jurisdiction because petitioner has not obtained authorization to file a successive habeas petition from the United States Court of Appeals for the Fifth Circuit. See 28 U.S.C. 2244(b)(1) and (3). Petitioner is warned that if he persists in filing successive habeas petitions, the court may impose monetary sanctions and/or bar him from bringing any further habeas action in this court. (Ordered by Senior Judge Sidney A Fitzwater on 12/7/2020) (oyh)
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Filing 5
ORDER Adopting #4 Findings and Recommendations and Denying Certificate of Appealability. (Ordered by Senior Judge Sidney A Fitzwater on 12/7/2020) (oyh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. Mon Dec 7 11:13:55 CST 2020 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Mon Oct 26 08:53:14 CDT 2020 (crt) |
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Filing 4
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Case. Joe's petition, construed to seek relief under Section 2254, should be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction because he has not obtained authorization to file a successive habeas petition from the Court of Appeals for the Fifth Circuit. Joe should also be warned that if he persists in filing successive habeas petitions without such permission, the Court may impose monetary sanctions and/or bar him from bringing any further action in this Court. (Ordered by Magistrate Judge Renee Harris Toliver on 10/23/2020) (jmg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Fri Oct 16 09:24:24 CDT 2020 (crt) |
| Filing 3 PETITION for Writ of Habeas Corpus filed by Demarcus Kenard Joe. 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. (jmg) |
| Filing 2 Notice and Instruction to Pro Se Party. (jmg) |
| 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. (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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (jmg) |
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| Plaintiff: Demarcus Kenard Joe | |
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