Gibson v. State of Texas 413th Judicial District Court of Johnson County et al
| Scottie H Gibson |
| State of Texas 413th Judicial District Court of Johnson County, State of Texas 249th Judicial District Court of Johnson County, State of Texas 18th Judicial District Court of Johnson County and Director, TDCJ-CID |
| 3:2023cv02132 |
| September 25, 2023 |
| US District Court for the Northern District of Texas |
| Sam A Lindsay |
| Irma Carrillo Ramirez |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on January 31, 2024. A more recent docket listing may be available from PACER.
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Filing 18
RESPONSE filed by Scottie H Gibson re: #10 Order. (agc)
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Filing 17
Findings, Conclusions, and Recommendation: The #11 Amended Petition for a Writ of Habeas Corpus by a Person in State Custody, received on 11/3/2023, should be DISMISSED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 11/16/2023) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:17. Thu Nov 16 07:43:57 CST 2023 (crt)
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Filing 16
ADDITIONAL ATTACHMENTS to #1 Petition for Writ of Habeas Corpus by Petitioner Scottie H Gibson. (kaf)
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Filing 15
ORDER granting the petitioner's #12 Application to Proceed In Forma Pauperis. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 11/9/2023) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Thu Nov 9 08:04:07 CST 2023 (crt)
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Filing 14
Public correspondence filed, deputy clerk has not responded, received from Scottie H Gibson. (kaf)
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Filing 13
ORDER CONSOLIDATING CASES: Member case(s) 3:23-cv-2295-B consolidated with lead case 3:23-cv-2132-L. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 11/7/2023) (axm)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:13. Tue Nov 7 20:32:20 CST 2023 (crt)
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Filing 12
MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Scottie H Gibson. (agc)
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Filing 11
AMENDED PETITION for Writ of Habeas Corpus filed by Scottie H Gibson. 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)
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Filing 10
ORDER re: the correspondence from the petitioner, dated 10/25/2023, and received on 10/31/2023 (doc. #9 ). The filing is liberally construed as a motion for an extension of time to file his amended 2254 petition for writ and to either pay the $5 filing fee for a habeas case or submit an application to proceed in forma pauperis with the required certificate of inmate trust account. The motion for extension of time is GRANTED, and his deadline is extended by an additional 30 days, until 11/25/2023. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 11/2/2023) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Thu Nov 2 09:21:36 CDT 2023 (crt)
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Filing 9
RESPONSE filed by Scottie H Gibson re: #8 Order. (kaf) Modified text on 11/5/2023 (axm).
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Filing 8
Order and Notice of Deficiency: Scottie H Gibson must address the following deficiency: The petitioner may only raise habeas claims in a habeas petition. This case will only proceed as either a 2254 habeas case or as a civil rights case under 1983; it will not proceed as both. The petitioner must return only one set of forms. He must also either pay the filing fee for a habeas case, a non-habeas civil action or submit an application to proceed in forma pauperis with the required certificate of inmate trust account. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 30 days. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/26/2023) (Attachments: #1 IFP Form, #2 2254 Form, #3 Prisoner Complaint Form, #4 IFP Form (2)) (axm)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Tue Sep 26 11:40:15 CDT 2023 (crt)
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Filing 7
Notice and Instruction to Pro Se Party. (agc)
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Filing 6
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). Case received over counter or electronically. 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. (agc)
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Filing 5
Case electronically transferred in from District of Texas Western; Case Number 1:23-cv-01139. 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:6, 7. Mon Sep 25 14:46:04 CDT 2023 (crt)
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Filing 4
ORDER TO TRANSFER case to Dallas Division of the Northern District of Texas. Signed by Judge Robert Pitman. (cc3) [Transferred from Texas Western on 9/25/2023.]
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CASE NO LONGER REFERRED to Magistrate Judge Susan Hightower. (cc3) [Transferred from Texas Western on 9/25/2023.]
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Filing 3
Case Opening Letter as to Scottie H. Gibson (cc3) [Transferred from Texas Western on 9/25/2023.]
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Filing 2
STANDING ORDER (dated 02/21/2020) REFERRING CASE to Magistrate Judge Susan Hightower. Signed by Judge Robert Pitman. (cc3) [Transferred from Texas Western on 9/25/2023.]
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Filing 1
Petition for Writ of Habeas Corpus ( Filing fee of $5 DUE), filed by Scottie H. Gibson. (Attachments: #1 Memo in Support, #2 Envelope, #3 Civil Cover Sheet)(cc3) [Transferred from Texas Western on 9/25/2023.]
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Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cc3) [Transferred from Texas Western on 9/25/2023.]
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If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower. (cc3) [Transferred from Texas Western on 9/25/2023.]
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