Draucker v. State of Texas
| James Draucker |
| State of Texas |
| 3:2023cv01469 |
| June 27, 2023 |
| US District Court for the Northern District of Texas |
| David L Horan |
| Brantley Starr |
| 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 October 5, 2023. A more recent docket listing may be available from PACER.
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Filing 12
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should deny Petitioner James Draucker's construed motion under Federal Rule of Civil Procedure 59(e) [Dkt. No. #11 ], and should, solely for statistical purposes, reopen and then close this case based on any order accepting or adopting these findings, conclusions, and recommendation. (Ordered by Magistrate Judge David L. Horan on 8/25/2023) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Fri Aug 25 09:00:23 CDT 2023 (crt) |
| Filing 11 MOTION to Reopen and Objections filed by James Draucker re: #10 Judgment. (IFP Form Mailed) (kaf) |
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Filing 10
JUDGMENT: It is ORDERED that Petitioner James Draucker's construed application for a writ of habeas corpus is DISMISSED under Rule 4 of the Rules Governing Section 2254 Cases WITHOUT PREJUDICE to his right to fully and properly exhaust state remedies. (Ordered by Judge Brantley Starr on 8/1/2023) (twd) (Main Document 10 replaced on 8/1/2023) (twd).
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Filing 9
ORDER ACCEPTING #5 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND DENYING A CERTIFICATE OF APPEALABILITY. (Ordered by Judge Brantley Starr on 8/1/2023) (twd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9,10. Tue Aug 1 14:54:36 CDT 2023 (crt) |
| Filing 8 OBJECTION filed by James Draucker re: #5 Findings and Recommendations on Case re: #3 Petition for Writ of Habeas Corpus, filed by James Draucker. (agc) |
| Filing 7 Petition to Serve Complaint filed by James Draucker. (agc) |
| Filing 6 Notice of Electronic Service made on the Office of the Texas Attorney General re #3 Petition for Writ of Habeas Corpus, #5 Findings and Recommendations. (axm) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Fri Jul 14 13:28:08 CDT 2023 (crt) |
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Filing 5
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should dismiss Petitioner James Draucker's application for a writ of habeas corpus under Rule 4 of the Rules Governing Section 2254 Cases without prejudice to his right to exhaust state remedies. The Court should further direct that the Clerk of Court serve any order accepting or adopting this recommendation on the Texas Attorney General. And the Clerk of Court is DIRECTED to serve electronically this recommendation and the petition, along with any attachments thereto and brief in support thereof, on the Texas Attorney General as counsel for Respondent, directed to the attention of Edward L. Marshall, Chief, Criminal Appeals Division, Texas Attorney General's Office (Ordered by Magistrate Judge David L. Horan on 7/13/2023) (axm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Mon Jul 3 15:17:00 CDT 2023 (crt) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by James Draucker. (axm) |
| Filing 3 PETITION for Writ of Habeas Corpus filed by James Draucker. 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. (axm) |
| Filing 2 Notice and Instruction to Pro Se Party. (axm) |
| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Horan (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 Horan). Clerk to provide copy to plaintiff if not received electronically. (axm) |
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| Petitioner: James Draucker | |
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| Respondent: State of Texas | |
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