Berry v. United States of America
| Duane Letroy Berry and Duane L Berry |
| United States of America |
| 3:2021cv03228 |
| December 28, 2021 |
| US District Court for the Northern District of Texas |
| Ada Brown |
| Renee Harris Toliver |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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This docket was last retrieved on January 25, 2022. A more recent docket listing may be available from PACER.
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Filing 6
JUDGMENT: It is ORDERED that this action is DENIED and DISMISSED WITHOUT PREJUDICE as duplicative. IT IS FURTHER ORDERED that Petitioner is WARNED that he may face sanctions, including monetary penalties, if he continues to abuse judicial resources by filing repetitive, frivolous pleadings, including habeas petitions in the federal courts. The Court prospectively CERTIFIES that any appeal of this action would not be taken in good faith. (Ordered by Judge Ada Brown on 1/25/2022) (jmg)
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Filing 5
ORDER ACCEPTING #4 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge Ada Brown on 1/25/2022) (jmg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5, 6. Tue Jan 25 15:53:18 CST 2022 (crt) |
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Filing 4
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: #3 Petition for Writ of Habeas Corpus. It appears that the habeas petition in this case is duplicative of the habeas action already pending in this Court in Cause No. 4:21-CV-1374-Y. As such, this action should be DISMISSED WITHOUT PREJUDICE as duplicative. (Ordered by Magistrate Judge Renee Harris Toliver on 1/6/2022) (ygl)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Thu Jan 6 13:57:33 CST 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Wed Dec 29 10:55:58 CST 2021 (crt) |
| Filing 3 PETITION for Writ of Habeas Corpus filed by Duane Letroy Berry. (Filing fee $5.00; receipt number DS135689) 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. (mjr) |
| Filing 2 Notice and Instruction to Pro Se Party. (mjr) |
| Filing 1 New Case Notes: A filing fee has 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. (mjr) |
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