Moton v. Gordy
| Mark Anthony Moton |
| Warden Bryan Gordy |
| 3:2020cv03173 |
| October 15, 2020 |
| US District Court for the Northern District of Texas |
| Rebecca Rutherford |
| Karen Gren Scholer |
| 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 9, 2020. A more recent docket listing may be available from PACER.
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Filing 13
JUDGMENT: It is ORDERED that petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 is construed as a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241 and dismissed without prejudice for failure to exhaust state remedies. (Ordered by Judge Karen Gren Scholer on 12/9/2020) (twd)
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Filing 12
ORDER: Any objections are overruled, and the Court ACCEPTS the #9 Findings, Conclusions and Recommendation of the United States Magistrate Judge. (Ordered by Judge Karen Gren Scholer on 12/9/2020) (twd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:12, 13. Wed Dec 9 16:26:14 CST 2020 (crt) |
| Filing 11 OBJECTION to #9 Findings and Recommendations. (hml) |
| Filing 10 Copy Request by Mark Anthony Moton with Deputy Clerk Response. (cdt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Thu Oct 22 10:14:29 CDT 2020 (crt) |
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Filing 9
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Moton's #1 petition should be dismissed without prejudice for failure to exhaust state remedies. (Ordered by Magistrate Judge Rebecca Rutherford on 10/21/2020) (ndt) Modified filed date on 10/23/2020 (mla).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7,8. NEF of Case Transferred to Dallas Tue Oct 20 18:06:32 CDT 2020 (crt) |
| Filing 8 Notice and Instruction to Pro Se Party. (axm) |
| Filing 7 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Rutherford (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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (axm) |
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Filing 6
ORDER OF TRANSFER: It is ORDERED that the petition be TRANSFERRED to the Dallas Division of the United States District Court for the Northern District of Texas. (Ordered by Judge Reed C. O'Connor on 10/19/2020) (bdb)
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Filing 5
ORDER: Pursuant to the provision of 28 U.S.C. 1915, Petitioner's application to proceed in forma pauperis (ECF No. #2 ) is GRANTED. (Ordered by Judge Reed C. O'Connor on 10/19/2020) (bdb)
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| New case number 3:20-cv-3173-S; Moton v. Gordy has been opened following the order of transfer entered in case number 4:20-cv-1141-O. Future filings should be made in the DALLAS division and reflect the new case number as indicated. Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (cea) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5, 6. Mon Oct 19 13:29:57 CDT 2020 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3, 4. Fri Oct 16 09:17:10 CDT 2020 (crt) |
| Filing 4 Notice and Instruction to Pro Se Party. (pef) |
| Filing 3 New Case Notes: A filing fee has not been paid. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) File to: staff attorney PW. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (pef) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Mark Anthony Moton. (pef) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Mark Anthony Moton. 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. (pef) |
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| Petitioner: Mark Anthony Moton | |
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| Respondent: Warden Bryan Gordy | |
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