Spalding v. Warden of FCI El Reno
| David Lyman Spalding |
| Warden of FCI El Reno |
| 3:2023cv00961 |
| May 2, 2023 |
| US District Court for the Northern District of Texas |
| Barbara M G Lynn |
| Irma Carrillo Ramirez |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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This docket was last retrieved on May 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Wed May 3 11:18:33 CDT 2023 (crt) |
Filing 3
ORDER: In sum, all of Defendant's motions and requests are DENIED. Doc. 398,402,404,414. Defendant's time-credit claim under the First Step Act, construed as a petition for writ of habeas corpus, is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. Doc. 415. The Clerk of the Court is directed to open and close for indexing purposes a new habeas corpus action under 28 U.S.C. 2241 (nature of suit code 530) and file a copy of this order and Defendant's Judicial Notice (Doc. 415) in it. The new case should be directly assigned to the same District Judge and Magistrate Judge as this criminal case and list the Warden of FCI El Reno as the Respondent. (Originally field as document number 416 in case 3:13-cr-422) (Ordered by Judge Barbara M. G. Lynn on 5/2/2023) (oyh)
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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 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. (oyh) |
| Filing 2 PETITION for Writ of Habeas Corpus filed by David Lyman Spalding. 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. (Originally field as document number 415 in case 3:13-cr-422) (oyh) |
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| Petitioner: David Lyman Spalding | |
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| Respondent: Warden of FCI El Reno | |
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