Wyatt v. State of Texas et al
| George Wyatt, Jr |
| State of Texas, USA, Joe Biden, Governor Greg Abbott, Kelly Loving, Mark Sharon, Sharon Mosley, Mark Holling and Kelly Higgins |
| 3:2023cv02151 |
| September 26, 2023 |
| U.S. District Court for the Northern District of Texas |
| Dallas Office |
| Karen Gren Scholer |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 19
JUDGMENT: George Wyatt's construed petition for writ of habeas corpus is summarily DISMISSED WITHOUT PREJUDICE. The claims of the other habeas Petitioners-Joe M. Balencia, Rodolfo King Jones, Jose Gonzalez, and Richard Martinez-are summarily DISMISSED WITHOUT PREJUDICE to refiling (separately), because they fail to present a cognizable claim. See Rule 4(b) of the RULES GOVERNING SECTION 2254 PROCEEDINGS. Further, George Wyatt's civil rights claims are SEVERED from this action and DISMISSED as barred by the three-strike provision of28 U.S.C. 1915(g). The Clerk of the Court is DIRECTED to (I) open for indexing purposes a civil rights action (NOS code 550 with cause 42 U.S.C. 1983) directly assigned to the same District Judge and Magistrate Judge as this action, and (2) close the new action on the basis of this order. The Court DENIES a certificate of appealability. (Civil case 3:23-cv-2151-S opened) (Ordered by Judge Karen Gren Scholer on 9/26/2023) (axm)
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Filing 3
JUDGMENT: George Wyatt's civil rights claims are SEVERED and DISMISSED as barred by the three-strike provision of28 U.S.C. 1915(g). The Clerk of the Court is DIRECTED to (I) open for indexing purposes a civil rights action (NOS code 550 with cause 42 U.S.C. 1983) directly assigned to the same District Judge and Magistrate Judge as this action, and (2) close the new action on the basis of this order. The Court DENIES a certificate of appealability. (Civil case 3:23-cv-2151-S opened) Originally filed as document #19 in 3:23-cv-1210-S (Ordered by Judge Karen Gren Scholer on 9/26/2023) (axm) Modified text and document number on 9/29/2023 (axm).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:18,19. Tue Sep 26 17:11:47 CDT 2023 (crt) |
| Filing 17 NOTICE of Complaint for Price Discrimination filed by George Wyatt, Jr. (kaf) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:16. Wed Sep 20 09:44:24 CDT 2023 (crt) |
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Filing 16
ELECTRONIC ORDER: The Court liberally construes Petitioner Jose Gonzalez's Motion to Vacate Sentence to raise a habeas claim challenging his state conviction, which should be severed and addressed in a separate action. Doc. #15 . Accordingly, Petitioner's motion is SEVERED from this action, and the Clerk of the Court is directed to file it in a new habeas corpus action under 28 U.S.C. 2254 (NOS code 530), which will be directly assigned, per Special Order 3-250, to the same District Judge and Magistrate Judge and list as Respondent the TDCJ-CID Director. (New Case 3:23-cv-2100) (Ordered by Magistrate Judge Renee Harris Toliver on 9/19/2023) (chmb) Modified docket text on 9/20/2023 (oyh).
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| Filing 15 MOTION Vacate Sentence filed by Jose Gonzalez. (kaf) |
| Filing 14 NOTICE of Complaints Disputed filed by Rodolfo King Jones, George Wyatt, Jr. (kaf) |
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Filing 13
ELECTRONIC ORDER: The Court liberally construes Petitioner Rodolfo King Jones Motion to Vacate Sentence to raise a habeas claim challenging his state conviction, which should be severed and addressed in a separate action. Accordingly, Petitioners motion is SEVERED from this action, and the Clerk of the Court is directed to file it in a new habeas corpus action under 28 U.S.C. 2254 (NOS code 530), which will be directly assigned, per Special Order 3-250, to the same District Judge and Magistrate Judge and list as Respondent the TDCJ-CID Director. (new case 3:23-cv-1776) (Order cc: Docket Team) (Ordered by Magistrate Judge Renee Harris Toliver on 8/9/2023) (mcrd) Modified on 8/9/2023 (mcrd). Modified on 8/9/2023 (ndt).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:13. Wed Aug 9 15:48:47 CDT 2023 (crt) |
| Filing 12 MOTION to Vacate Sentence filed by Rodolfo King Jones. (cfk) |
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Filing 11
ELECTRONIC ORDER: terminating as moot #4 Motion to Proceed In Forma Pauperis and #9 Motion for Rule 9 in light of the recommendation of the Magistrate Judge that this case be dismissed. In the event the District Judge declines to accept the recommendation of the Magistrate Judge to dismiss this action, Petitioner may re-urge the motions. (Ordered by Magistrate Judge Renee Harris Toliver on 7/20/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Thu Jul 20 14:25:25 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Wed Jul 19 08:46:02 CDT 2023 (crt) |
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Filing 10
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: George Wyatt's construed petition for writ of habeas corpus should be summarily DISMISSED WITHOUT PREJUDICE for lack of jurisdiction as it does not present a cognizable basis for federal habeas relief and, if he challenges his underlying conviction, it is a successive petition and he has not obtained authorization to file a successive habeas petition from the Court of Appeals for the Fifth Circuit. See Rule 4(b) of the RULES GOVERNING SECTION 2254 PROCEEDINGS. Further, Wyatt's civil rights claims should be SEVERED from this action and DISMISSED as barred by the three-strike provision of 28 U.S.C. 1915(g). The dismissal of the civil rights claims is with prejudice to Wyatt refiling an in forma pauperis lawsuit raising the same claims as herein presented, but without prejudice to him refiling this lawsuit with full payment of filing and administrative fees of $402.00. Lastly, Wyatt should be WARNED that if he persists in filing further habeas petitions or documents not in the proper form or that are vague, indecipherable, frivolous, or vexatious, the Court may impose monetary sanctions or bar him from bringing any further action in this Court. (Ordered by Magistrate Judge Renee Harris Toliver on 7/18/2023) (twd)
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| Filing 9 MOTION for Rule 9 filed by George Wyatt, Jr. (agc) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Wed Jun 14 08:58:37 CDT 2023 (crt) |
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Filing 8
ELECTRONIC NOTICE OF JUDICIAL SCREENING AND STANDING ORDER. Judicial screening of this case is pending. See Rule 4 of the Rules Governing Section 2254 habeas cases. The Court will order Respondent to file an answer, if necessary, after screening is complete. It is therefore ORDERED that (1) no motions for appointment of counsel shall be filed until the Court has completed the screening process, (2) all discovery in this case is stayed until Respondent is ordered to file an answer or until further order of the court, (3) no amendments or supplements to the habeas corpus petition shall be filed without prior Court approval, and (4) any motion to amend the habeas petition must be accompanied by a complete proposed amended petition on the required form. It is further ORDERED that Petitioner must promptly notify the Court in writing of any change of address by filing a written Notice of Change of Address with the Clerk of the Court. Failure to provide updated address information may result in the dismissal of the case for failure to prosecute or follow court order under Fed. R. Civ. 41(b). (Ordered by Magistrate Judge Renee Harris Toliver on 6/13/2023) (chmb)
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| Filing 7 AFFIDAVIT by George Wyatt, Jr. (acm) |
| Filing 6 NOTICE of US Annotated Code Annotated 44 to the END Articles 55.01 Through 55.05 Petitions filed by George Wyatt, Jr. (acm) |
| Filing 5 NOTICE of Petition to Expunction All Criminal Records filed by George Wyatt, Jr. (acm) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by George Wyatt, Jr. (acm) |
| Filing 3 Court Request for Recusal: Magistrate Judge David L. Horan recused pursuant to Special Order 3-346. Magistrate Judge Renee Harris Toliver assigned for matters that may be referred in this case. (oyh) |
| Filing 2 PETITION for Writ of Habeas Corpus filed by Rodolfo King Jones, Joe M Balencia, Jose Gonzalez, George Wyatt, Jr, Richard Martinez. 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. (cfk) |
| 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.) (cfk) |
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