Smith v. Hughes
| Alton Smith |
| Frank Hughes |
| 3:2022cv02203 |
| October 3, 2022 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| 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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This docket was last retrieved on January 4, 2023. A more recent docket listing may be available from PACER.
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***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Also mailed a petition for writ of habeas corpus under 28 U.S.C. 2254 form and a prisoner motion to proceed in forma pauperis. Fri Oct 7 08:34:59 CDT 2022 (crt)
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Filing 4
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Petitioner Alton Smith 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 November 4, 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).The Clerk of the Court is directed to provide to Petitioner, with service of this Order, a form petition for writ of habeas corpus under 28 U.S.C. 2254 and a prisoner motion to proceed in forma pauperis. (Ordered by Magistrate Judge Renee Harris Toliver on 10/6/2022) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Wed Oct 5 10:23:34 CDT 2022 (crt)
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Filing 3
PETITION for Writ of Habeas Corpus filed by Alton Smith. 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. (mlb)
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Filing 2
Notice and Instruction to Pro Se Party. (mlb)
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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. (mlb) Modified on 10/5/2022 (mlb).
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| Petitioner: Alton Smith | |
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| Respondent: Frank Hughes | |
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