Whaley v. United States District Court for the Northern District of Texas et al
| Michael Dewayne Whaley |
| United States District Court for the Northern District of Texas, United States Court of Appeals Fifth Circuit, Court of Appeals of Eleventh District, Judicial District Court, Trial Officials of 282nd Judicial District Court, Court of Criminal Appeals and Texas Department of Pardons and Paroles |
| 3:2021cv01690 |
| July 21, 2021 |
| US District Court for the Northern District of Texas |
| Ada Brown |
| Rebecca Rutherford |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 10, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 9
JUDGMENT: Habeas corpus petition is successive, and the clerk is directed to transfer the matter to the Fifth Circuit Court of Appeals. The Court also imposes a $600.00 sanction against Whaley and bars him from filing any challenge to his convictions and/or sentences until this sanction has been paid in full, unless he first obtains leave of court from the court in which he seeks to file such challenge. (Fifth Circuit notified via copy of the Notice of Electronic Filing.) (Ordered by Judge Ada Brown on 9/10/2021) (jmg)
|
|
Filing 8
ORDER ACCEPTING #7 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Case. (Ordered by Judge Ada Brown on 9/10/2021) (jmg)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8, 9. Fri Sep 10 15:15:40 CDT 2021 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Fri Aug 27 08:40:05 CDT 2021 (crt) |
|
Filing 7
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should TRANSFER Whaley's petition for writ of habeas corpus to the United States Court of Appeals for the Fifth Circuit pursuant to In re Epps, 127 F.3d 364, 365 (5th Cir. 1997). The Court should also impose a $600.00 sanction against Whaley and bar him from filing any challenge to his state convictions and/or sentences until this sanction has been paid in full, unless he first obtains leave of court from the court in which he seeks to file such challenge. (Ordered by Magistrate Judge Rebecca Rutherford on 8/26/2021) (ctf)
|
| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Michael Dewayne Whaley. (mla) |
| Filing 5 AMENDED COMPLAINT against United States District Court for the Northern District of Texas, Trial Officials of 282nd Judicial District Court, Court of Criminal Appeals, Texas Department of Pardons and Paroles filed by Michael Dewayne Whaley. 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. (mla) |
|
Filing 4
Notice of Deficiency and Order: Michael Dewayne Whaley must address the following deficiency: Complaint is not in compliance with Federal Rule of Civil Procedure 8(a). The $402 fee has not been paid nor has a proper request to proceed in forma pauperis been submitted. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 8/23/2021. (Ordered by Magistrate Judge Rebecca Rutherford on 7/23/2021) (Attachments: #1 Prisoner IFP Form, #2 Federal Rule of Civil Procedure Rule 8, #3 Civil Rights Complaint) (ygl)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Fri Jul 23 12:04:26 CDT 2021 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Thu Jul 22 12:06:24 CDT 2021 (crt) |
| Filing 3 COMPLAINT against Court of Appeals of Eleventh District, Judicial District Court, United States Court of Appeals Fifth Circuit, United States District Court for the Northern District of Texas filed by Michael Dewayne Whaley. 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. (ykp) |
| Filing 2 Notice and Instruction to Pro Se Party (ykp) |
| Filing 1 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). 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (ykp) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
