Reaves v. Director, TDCJ-CID
| Samuel Reaves |
| Director, TDCJ-CID, David Gutierrez, Ken Paxton and Dale Stanley Hanna |
| 3:2022cv00536 |
| March 7, 2022 |
| U.S. District Court for the Northern District of Texas |
| A Joe Fish |
| David L Horan |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| USCA Case Number 22-10430 in USCA5 for #12 Notice of Appeal filed by Samuel Reaves. (svc) |
Filing 15
ORDER re: #13 Motion for Leave to Proceed In Forma Pauperis and #14 Motion for Certificate of Appealability: Petitioner moves for a COA, see docket entry #14 , the court, treating his motion as requesting reconsideration, DENIES reconsideration and DENIES Petitioner's motion for leave to appeal in forma pauperis (IFP) (docket entry #13 ) as to the court's 4/5/2022 judgment, CERTIFYING under 28 U.S.C. 1915(a)(3), and as fully explained in the magistrate judge's findings, conclusions, and recommendation (docket entry #5 ), that Petitioner's appeal is not taken in good faith. But Petitioner may challenge this finding under Baugh v. Taylor, 117 F.3d 197 (5th Cir. 1997), by filing a motion to proceed IFP on appeal with the Clerk of the Court, U.S. Court of Appeals for the Fifth Circuit, within 30 days of this order. (Ordered by Senior Judge A. Joe Fish on 5/2/2022) (jmg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Mon May 2 12:42:15 CDT 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Wed Apr 27 11:44:07 CDT 2022 (crt) |
| NOTICE of Change of Address for Pro Se litigant Samuel Reaves. New address: TDCJ Estelle Unit 264 FM 3478 Huntsville, TX 77320. See #12 for image. (svc) |
| Filing 14 MOTION for Certificate of Appealability on appeal re #12 Notice of Appeal,,, filed by Samuel Reaves. (oyh) |
| Filing 13 MOTION for Leave to Proceed in forma pauperis on appeal re #12 Notice of Appeal, filed by Samuel Reaves. (oyh) |
| Filing 12 NOTICE OF APPEAL to the Fifth Circuit by Samuel Reaves. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (oyh) |
| Acknowledgement of Electronic Service as to the Office of the Attorney General re: Received Order Accepting Findings, Conclusions, and Recommendation of the United States Magistrate Judge and Denying a Certificate of Appealability with Judgment. Laura L Haney 4/6/2022. (axm) |
| Filing 11 Notice of Electronic Service made on the Office of Attorney General of Texas re #9 Order Accepting/Adopting Findings and Recommendations, #10 Judgment. (axm) |
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Filing 10
JUDGMENT: It is ORDERED that, under Rule 4 of the Rules Governing Section 2254 Cases, the court DISMISSES Petitioner Samuel Reaves's request for federal habeas relief as to his 2015 state conviction with prejudice as time barred and DISMISSES any request for federal habeas relief as to Reaves's 2021 state proceedings without prejudice as unexhausted. (Ordered by Senior Judge A. Joe Fish on 4/5/2022) (twd)
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Filing 9
ORDER ACCEPTING #5 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND DENYING A CERTIFICATE OF APPEALABILITY. (Ordered by Senior Judge A. Joe Fish on 4/5/2022) (twd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9,10. Tue Apr 5 14:01:47 CDT 2022 (crt) |
| Filing 8 OBJECTION filed by Samuel Reaves re: #5 Findings and Recommendations on Case. (mjr) |
| Filing 7 CERTIFICATE OF SERVICE by Samuel Reaves. (axm) |
| Filing 6 Notice of Electronic service made on the Office of Attorney General of Texas re #3 Petition for Writ of Habeas Corpus, #4 "Amended" PETITION for Writ of Habeas Corpus, #5 Findings and Recommendations. (mjr) |
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Filing 5
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Case re: #4 "Amended" PETITION for Writ of Habeas Corpus. The Court should dismiss Petitioner Samuel Reaves's request for federal habeas relief as to his 2015 state conviction with prejudice as time barred and dismiss any request for federal habeas relief as to Reaves's 2021 state proceedings without prejudice as unexhausted. The Court should direct that the Clerk of Court serve any order accepting or adopting this recommendation on the Texas Attorney General. The Clerk shall serve electronically a copy of this recommendation and the petition, along with any attachments thereto and brief in support thereof, on the Texas Attorney General as counsel for Respondent, directed to the attention of Edward L. Marshall, Chief, Criminal Appeals Division, Texas Attorney General's Office. (Ordered by Magistrate Judge David L. Horan on 3/18/2022) (mjr)
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| Acknowledgement of Electronic Service as to the Office of the Attorney General re #5 Findings and Recommendations on Case, #4 "Amended" PETITION for Writ of Habeas Corpus, #3 Petition for Writ of Habeas Corpus. Laura L Haney 3/18/2022. (jmg) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Fri Mar 18 14:36:24 CDT 2022 (crt) |
| Filing 4 "Amended" PETITION for Writ of Habeas Corpus filed by Samuel Reaves. 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. to #3 Petition for Writ of Habeas Corpus (oyh) Modified docket text on 3/10/2022 (oyh). |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Tue Mar 8 09:33:47 CST 2022 (crt) |
| Filing 3 PETITION for Writ of Habeas Corpus filed by Samuel Reaves. (Filing fee $5.00; receipt number DS136932) 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. (jmg) |
| Filing 2 Notice and Instruction to Pro Se Party. (jmg) |
| Filing 1 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Horan (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 Horan). Clerk to provide copy to plaintiff if not received electronically. (jmg) |
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