Contreras-Beltran v. Warden Smith
| Catherine Contreras-Beltran |
| Warden Smith |
| 3:2023cv01326 |
| June 14, 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 December 15, 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:8. Fri Aug 4 08:50:45 CDT 2023 (crt) |
Filing 8
ELECTRONIC ORDER: The motion to proceed in forma pauperis reflects an average six month balance in the inmate trust account of $108.99, and a current balance of $61.20. Doc. #7 . The filing fee in a proceeding under 28 U.S.C. 2241 is $5.00. Miscellaneous Order No. 6, filed on May 5, 2005, provides that a person seeking relief pursuant to 28 U.S.C. 2241 and 2254 may proceed in forma pauperis if the average six month balance of the person's inmate trust account and other financial resources are less than $50.00. Under this standard, Petitioner does not qualify for in forma pauperis status. Therefore, Petitioner is ORDERED to pay the $5.00 filing fee by September 8, 2023. FAILURE TO PAY THE $5.00 FILING FEE MAY RESULT IN THE DENIAL OF THE MOTION TO PROCEED IN FORMA PAUPERIS AND THE DISMISSAL OF THE PETITION FOR FAILURE TO PROSECUTE. (Ordered by Magistrate Judge Renee Harris Toliver on 8/3/2023) (chmb)
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| Filing 7 Certificate of Trust Account by Catherine Contreras-Beltran TDCJ # 57313-177. (agc) |
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Filing 6
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Petitioner Catherine Contreras-Beltran must address the following deficiency: Petitioner did not pay the required filing fee or file a proper request to proceed in forma pauperis. See 28 U.S.C. 1914 (requiring $5.00 filing fee for writs of habeas corpus); N.D. Tex. Misc. Ord. 14 (requiring inmates to file motions to proceed in forma pauperis on the court-approved form). Therefore, Petitioner is ORDERED to pay the $5.00 filing fee or file an application to proceed in forma pauperis with the required certificate of inmate trust account by July 20, 2023. 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 prisoner form application to proceed in forma pauperis. (Ordered by Magistrate Judge Renee Harris Toliver on 6/20/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Thu Jun 15 14:44:47 CDT 2023 (crt) |
| Filing 5 Brief in Support filed by Catherine Contreras-Beltran re #3 Petition for Writ of Habeas Corpus. (agc) Modified filed date on 6/15/2023 (axm). |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Catherine Contreras-Beltran. (agc) |
| Filing 3 PETITION for Writ of Habeas Corpus filed by Catherine Contreras-Beltran. 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. (agc) |
| Filing 2 Notice and Instruction to Pro Se Party. (agc) |
| 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. (agc) Modified filed date on 6/15/2023 (axm). |
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| Petitioner: Catherine Contreras-Beltran | |
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