Whaley v. Clerk of 282 Dist Dallas County et al
| Michael Dewayne Whaley |
| Clerk of 282 Dist Dallas County, Parole Div Pardon and Parole, DA of 282 Dist Dallas County, Criminal Justice Texas Department and Trial Officials of 282 Jud Dist Court |
| 3:2021cv03149 |
| December 16, 2021 |
| US District Court for the Northern District of Texas |
| Irma Carrillo Ramirez |
| Brantley Starr |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Mon Jan 24 09:25:02 CST 2022 (crt)
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Filing 5
Findings and Recommendations on Case re: #3 Complaint filed by Michael Dewayne Whaley. The plaintiffs habeas claims and his claims against trial officials of the 282nd Judicial District Court, including the court clerk and the district attorney, should be sua sponte DISMISSED with prejudice under Fed. R. Civ. P. 12(b)(6), and any non-habeas claims against the TDCJ and the BPP should be sua sponte DISMISSED without prejudice under Fed. R. Civ. P. 12(b)(1). Plaintiff should be SANCTIONED and BARRED from filing any further challenges to his 1993 convictions and sentences. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 1/21/2022) (Magistrate Judge Irma Carrillo Ramirez)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2, 4. Fri Dec 17 09:33:29 CST 2021 (crt)
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Filing 4
ORDER: The Clerk of Court is DIRECTED to: (1) unfile the 1983 complaint filed in this case (see doc. 8 ); (2) open a new civil rights case under 42 U.S.C. 1983; (3) file a copy of this order in that new case; (4) docket the 1983 complaint (doc. 8 ) in that new case; (5) note that the $402 filing fee has been paid (receipt number DS135488) for that new civil case; and (6) directly assign the new civil case to the same District Judge and Magistrate Judge as in this case. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 12/16/2021) (mla)
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Filing 2
Notice and Instruction to Pro Se Party. (mla)
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Filing 1
New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Ramirez (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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (mla)
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Filing 3
COMPLAINT against Clerk of 282 Dist Dallas County, Criminal Justice Texas Department, DA of 282 Dist Dallas County, Parole Div Pardon and Parole, Trial Officials of 282 Jud Dist Court filed by Michael Dewayne Whaley. (Filing fee $402; Receipt number DS135488) 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)
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