Berk v. Zook
| Michael Berk |
| K Zook |
| 3:2021cv00952 |
| April 26, 2021 |
| U.S. District Court for the Northern District of Texas |
| Jane J Boyle |
| Renee Harris Toliver |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on June 9, 2021. A more recent docket listing may be available from PACER.
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Filing 8
JUDGMENT: It is therefore ORDERED, ADJUDGED AND DECREED that the petition for writ of habeas corpus under 28 U.S.C. 2241 is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. The Court prospectively CERTIFIES that any appeal of this action would not be taken in good faith. (Ordered by Judge Jane J. Boyle on 6/9/2021) (svc)
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Filing 7
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The objections are overruled, and the Court ACCEPTS #5 the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. (Ordered by Judge Jane J. Boyle on 6/9/2021) (svc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7,8. Wed Jun 9 10:21:45 CDT 2021 (crt) |
| Filing 6 OBJECTION to #5 Findings and Recommendations. (oyh) |
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Filing 5
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Petitioner Michael Berk's petition for writ of habeas corpus should be summarily DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. (Ordered by Magistrate Judge Renee Harris Toliver on 5/10/2021) (twd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Mon May 10 16:05:54 CDT 2021 (crt) |
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Filing 4
ELECTRONIC NOTICE OF JUDICIAL SCREENING AND STANDING ORDER. Judicial screening of this case is pending. See Rule 1(b) and Rule 4 of the Rules Governing Section 2254 habeas cases. It is therefore ORDERED that (1) service of process shall be withheld pending completion of judicial screening, (2) no motions for appointment of counsel shall be filed until the Court has completed the screening process, (3) all discovery in this case is stayed until the Respondent is ordered to file a response or until further order of the court, (4) no amendments or supplements to the habeas corpus petition shall be filed without prior Court approval, and (5) any motion to amend the habeas petition must be accompanied by a complete proposed amended petition on the required form. It is further ORDERED that Petitioner must promptly notify the Court in writing of any change of address by filing a written Notice of Change of Address with the Clerk of the Court. Failure to provide updated address information may result in the dismissal of the case for failure to prosecute or follow court order under Fed. R. Civ. 41(b). (Ordered by Magistrate Judge Renee Harris Toliver on 5/5/2021) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Wed Apr 28 09:32:14 CDT 2021 (crt) |
| Filing 3 PETITION for Writ of Habeas Corpus filed by Michael Berk. 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) |
| Filing 2 Notice and Instruction to Pro Se Party. (ndt) |
| 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: Michael Berk | |
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| Respondent: K Zook | |
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