Warner v. Director, TDCJ-CID
| Gary Wayne Warner |
| Director, TDCJ-CID |
| 3:2022cv02459 |
| November 3, 2022 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Irma Carrillo Ramirez |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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This docket was last retrieved on January 9, 2023. A more recent docket listing may be available from PACER.
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Filing 19
Memorandum Opinion and Order re: #17 Petitioner's Motion for Recusal. Based on the relevant filings, and applicable law, the motion is DENIED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 11/29/2022) (mcrd)
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Filing 18
ORDER re: #16 Petitioner's Motion for an Extension of Time. His motion is GRANTED, and his deadline for filing his objections is extended by an additional 37 days. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 11/29/2022) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:18,19. Tue Nov 29 10:17:14 CST 2022 (crt)
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Filing 17
MOTION for Recusal filed by Gary Wayne Warner. (axm)
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Filing 16
MOTION for Extension of Time to File Response/Reply to #15 Findings and Recommendations filed by Gary Wayne Warner. (axm)
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Filing 15
Findings, Conclusions, and Recommendation: Based on the relevant filings and applicable law, the #1 Petition for Federal Writ of Habeas Corpus 28 USC 2241(a) & 2241(C)(3), received on 5/24/2022, should be CONSTRUED as a second or successive petition for a writ of habeas corpus under 28 U.S.C. 2254 and TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 11/7/2022) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Mon Nov 7 20:41:10 CST 2022 (crt)
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Filing 14
Notice and Instruction to Pro Se Party. (mms)
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Filing 13
New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Ramirez (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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (mms)
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Filing 12
Case electronically transferred in from District of Texas Eastern; Case Number 6:22-cv-00200. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed.
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***Clerk's Notice of delivery: (see NEF for details) Docket No:13,14. Thu Nov 3 14:59:36 CDT 2022 (crt)
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Filing 11
ORDER REOPENING CASE AND TRANSFER ORDER. Petitioner's #10 MOTION to Reopen Case is GRANTED. Furthermore, it is ORDERED that Petitioner's petition is TRANSFERRED to the Northern District of Texas, Dallas Division. The Clerk of Court shall transfer the case forthwith and without delay. Signed by Magistrate Judge John D. Love on 11/2/2022. (wea, ) [Transferred from Texas Eastern on 11/3/2022.]
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Interdistrict transfer to the Northern District of Texas, Dallas Division. (wea, ) [Transferred from Texas Eastern on 11/3/2022.]
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Filing 10
MOTION to Reinstate Petition by Gary Wayne Warner. (Attachments: #1 Envelope(s))(wea, ) [Transferred from Texas Eastern on 11/3/2022.]
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Filing 9
ACKNOWLEDGMENT OF RECEIPT of proof of dismissal by Gary Wayne Warner. Received unsigned card at EDTX on 8/25/2022. (ndc) [Transferred from Texas Eastern on 11/3/2022.]
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Civil action dismissed pursuant to FRCP 41(a)(1)(A)(i) and #8 notice of voluntary dismissal. (ndc) [Transferred from Texas Eastern on 11/3/2022.]
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Filing 8
NOTICE of Voluntary Dismissal by Gary Wayne Warner. (Attachments: #1 Letter, #2 Envelope(s))(wea, ) [Transferred from Texas Eastern on 11/3/2022.]
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Filing 7
ACKNOWLEDGMENT OF RECEIPT by Gary Wayne Warner as to #3 Order and IFP form. Received 6/2/2022. (ndc) [Transferred from Texas Eastern on 11/3/2022.]
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Filing 6
Letter from Gary Wayne Warner. (Attachments: #1 Envelope(s)) (wea, ) [Transferred from Texas Eastern on 11/3/2022.]
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Filing 4
Letter from Gary Wayne Warner. (Attachments: #1 Envelope(s)) (wea, ) [Transferred from Texas Eastern on 11/3/2022.]
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Filing fee: $ 5.00, receipt number 6-60795. (wea, ) [Transferred from Texas Eastern on 11/3/2022.]
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Filing 3
DEFICIENCY ORDER re #1 Petition for Writ of Habeas Corpus filed by Gary Wayne Warner. ORDERED that Petitioner has 30 days from the receipt of this order to either pay the $5 filing fee or submit an ifp application with a certified in forma pauperis data sheet. Signed by Magistrate Judge John D. Love on 5/25/2022. (gsm) [Transferred from Texas Eastern on 11/3/2022.]
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Filing 2
CASE REFERRED to Magistrate Judge John D. Love. (wea, ) [Transferred from Texas Eastern on 11/3/2022.]
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Filing 1
PETITION for Writ of Habeas Corpus, filed by Gary Wayne Warner. (Attachments: #1 Exhibit, #2 Letter, #3 Envelope(s))(wea, ) [Transferred from Texas Eastern on 11/3/2022.]
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In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. MAILED Consent form to Petitioner. (wea, ) [Transferred from Texas Eastern on 11/3/2022.]
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| Petitioner: Gary Wayne Warner | |
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| Respondent: Director, TDCJ-CID | |
| Represented By: | Edward L Marshall |
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