Allen-Straight v. The State of Texas et al

Justia Dockets & Filings Fifth Circuit Texas Northern District Allen-Straight v. The State of Texas et al

Allen-Straight v. The State of Texas et al

Case Number:	3:2024cv00982
Filed:	April 22, 2024
Court:	US District Court for the Northern District of Texas
Office:	Dallas Office
Nature of Suit:	Prisoner Pet/Habeas Corpus: General
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
April 22, 2024	Filing 4 MEMORANDUM OPINION AND ORDER: Petitioner pursued a writ of error coram nobis in this closed action instead of complying with the Courts order in the event she desired to pursue a habeas corpus action under § 2254 or a civil rights action under & #167; 1983. Because she now appears to seek habeas relief in this closed action, the Clerk of Court is DIRECTED to: (1) sever Petitioners [W]rit of habeus [sic] corpus petition (in equity in chancery) and related exhibits (doc. 27 at 8-77) from this closed action; (2) open a new habeas corpus action under 28 U.S.C. § 2254; (3) directly assign the new § 2254 case to the same District Judge and Magistrate Judge as in this closed case; and (4) docket a copy of the severed filing and this order in that new case. Any appropriate warnings and orders will be issued in the newly opened case. Originally filed in case 3:23-cv-1087 as document 29. (Ordered by Judge Jane J Boyle on 4/22/2024) (Ordered by Judge Jane J Boyle on 4/22/2024) (agc)

Date Filed

Document Text

April 22, 2024

Filing 4 MEMORANDUM OPINION AND ORDER: Petitioner pursued a writ of error coram nobis in this closed action instead of complying with the Courts order in the event she desired to pursue a habeas corpus action under § 2254 or a civil rights action under & #167; 1983. Because she now appears to seek habeas relief in this closed action, the Clerk of Court is DIRECTED to: (1) sever Petitioners [W]rit of habeus [sic] corpus petition (in equity in chancery) and related exhibits (doc. 27 at 8-77) from this closed action; (2) open a new habeas corpus action under 28 U.S.C. § 2254; (3) directly assign the new § 2254 case to the same District Judge and Magistrate Judge as in this closed case; and (4) docket a copy of the severed filing and this order in that new case. Any appropriate warnings and orders will be issued in the newly opened case. Originally filed in case 3:23-cv-1087 as document 29. (Ordered by Judge Jane J Boyle on 4/22/2024) (Ordered by Judge Jane J Boyle on 4/22/2024) (agc)

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