Servin v. Rivers
| Juan Jose Servin |
| Warden C Rivers |
| 3:2023cv01223 |
| May 26, 2023 |
| US District Court for the Northern District of Texas |
| David C Godbey |
| Renee Harris Toliver |
| 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 31, 2023. A more recent docket listing may be available from PACER.
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Filing 5
ORDER: The Court's 5/26/2023 order (Doc. #4 ) liberally construing Petitioner's request to expunge the 2021 incident report as a request for habeas relief and severing it from his civil rights action is VACATED. The Clerk of the Court is DIRECTED to close this case as improvidently opened. (Ordered by Chief District Judge David C Godbey on 5/31/2023) (axm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Wed May 31 18:08:30 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Wed May 31 13:00:51 CDT 2023 (crt) |
| Filing 4 ***VACATED PER #5 ORDER*** Order to Sever. It is ORDERED that this action is summarily DISMISSED WITH PREJUDICE as frivolous. See 28 U.S.C. 1915(e)(2)(B); 28 U.S.C. 1915A(b). In light of his pro se status, Plaintiffs request to expunge the incident report and reinstate his lost good-time credits is liberally CONSTRUED as a request for habeas relief, which is SEVERED from this action and FILED in a new habeas corpus action under 28 U.S.C. 2241. The parties are notified that all future docketing related to the severed matter should be entered in this new case: 3:23-cv-1223. (originally filed in case 3:23-cv-652-N as document 6) (Ordered by Chief District Judge David C Godbey on 5/26/2023) (sxf) Modified on 5/31/2023 (axm). |
| Filing 3 PETITION for Writ of Habeas Corpus (Entered per Judgment in 3:23-CV-652-N-BK, "Servin's request to expunge the incident report and reinstate his lost good-time credit is liberally construed as a request for habeas relief".) filed by Juan Jose Servin. 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. (twd) Modified on 5/26/2023 (twd). |
| Filing 2 Notice and Instruction to Pro Se Party. (twd) |
| 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. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) 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. (twd) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Fri May 26 14:52:19 CDT 2023 (crt) |
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| Petitioner: Juan Jose Servin | |
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| Respondent: Warden C Rivers | |
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