Wiggins v. United States of America
| Herbert Wiggins and Herbert Lavonne Wiggins |
| United States of America |
| 3:2022cv00326 |
| February 10, 2022 |
| US District Court for the Northern District of Texas |
| Jane J Boyle |
| Rebecca Rutherford |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on December 20, 2022. A more recent docket listing may be available from PACER.
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Filing 7
JUDGMENT: Habeas corpus petition is successive, and the clerk is directed to transfer the matter to the Fifth Circuit Court of Appeals. (Fifth Circuit notified via copy of the Notice of Electronic Filing.) (Ordered by Judge Jane J Boyle on 3/8/2022) (svc)
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Filing 6
Order Accepting Findings and Recommendations re: #3 Findings and Recommendations on Case re: #2 Motion to Vacate under 28 U.S.C. 2255, filed by Herbert Lavonne Wiggins. (Ordered by Judge Jane J Boyle on 3/8/2022) (svc)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:6,7. Tue Mar 8 11:03:37 CST 2022 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Mon Mar 7 09:40:40 CST 2022 (crt)
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Filing 5
ORDER: The Court construes his pending petition as a second or successive petition, and Wiggins does not have authorization to file it in this Court. It is appropriate for Wiggin's second or successive petition to be transferred to the Fifth Circuit Court of Appeals. See In re Epps, 127 F.3d 364, 365 (5th Cir. 1997). Accordingly, he is not entitled to appointed counsel, and the Court DENIES Wiggins's motion. (Ordered by Magistrate Judge Rebecca Rutherford on 3/4/2022) (ndt) Modified filed date on 3/8/2022 (mla).
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Filing 4
MOTION to Appoint Counsel filed by Herbert Lavonne Wiggins. (jmg)
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Filing 3
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should TRANSFER Wiggins's petition for a 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). (Ordered by Magistrate Judge Rebecca Rutherford on 2/17/2022) (ykp)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Thu Feb 17 16:29:25 CST 2022 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:1. Thu Feb 10 09:47:32 CST 2022 (crt)
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Filing 2
MOTION to Vacate under 28 U.S.C. 2255 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)
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Filing 1
Notice and Instruction to Pro Se Party (ykp)
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New Case Notes: A filing fee is not due for this case. 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.) (ykp)
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