Davis v. Director, TDCJ-CID
| Benjamin Davis and Benjamin Everist Davis |
| Director, TDCJ-CID |
| 3:2022cv00569 |
| March 10, 2022 |
| US District Court for the Northern District of Texas |
| Brantley Starr |
| Renee Harris Toliver |
| 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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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Fri Apr 15 09:11:14 CDT 2022 (crt) |
Filing 6
Findings and Recommendations on Case re: #3 Petition for Writ of Habeas Corpus filed by Benjamin Davis. For the foregoing reasons, Davis' petition for writ of habeas corpus should be DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies. (Ordered by Magistrate Judge Renee Harris Toliver on 4/14/2022) (ndt)
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| Filing 5 NOTICE filed by Benjamin Davis. (mjr) |
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Filing 4
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Petitioner Benjamin Davis must address the following deficiency: It appears Petitioner seeks relief under 28 U.S.C. 2254, but did not file his petition for writ of habeas corpus on the court-approved form. See N.D. TEX. L.R. 5.4 and MISC. ORD. 13 (requiring inmates to file petitions for writ of habeas corpus on the court-approved form). Nor did he pay the required $5.00 filing fee or file a proper request to proceed in forma pauperis along with a certified statement of the balance in Petitioner's inmate trust account. See 28 U.S.C. 1915(a)(2); N.D. TEX. MISC. ORD. 14 (requiring inmates to file motions to proceed in forma pauperis on the court-approved form). Therefore, insofar as Petitioner seeks habeas corpus relief, he is ORDERED to (1) complete and file a petition on the form used in this Court for actions filed under 28 U.S.C. 2254, and (2) pay the $5.00 filing fee or file an application to proceed in forma pauperis with the required certificate of inmate trust account, by April 13, 2022. If Petitioner did not intend to file a petition for writ of habeas corpus at this time, he may file a Notice of Dismissal and the case will be closed. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(b). Forms necessary to comply with this order are available in the law library of the prison unit in which Petitioner is confined. (Ordered by Magistrate Judge Renee Harris Toliver on 3/15/2022) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. NEF of Tue Mar 15 16:35:16 CDT 2022 (crt) |
| Filing 3 PETITION for Writ of Habeas Corpus filed by Benjamin Davis. 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 not been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (jmg) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Thu Mar 10 16:14:55 CST 2022 (crt) |
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