Cupit v. State of Texas
| Bertis Doyle Cupit, III |
| Adam King |
| 3:2024cv01712 |
| July 3, 2024 |
| US District Court for the Northern District of Texas |
| Brantley Starr |
| 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 August 7, 2024. A more recent docket listing may be available from PACER.
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:12, 13. Wed Aug 7 14:08:25 CDT 2024 (crt) |
Filing 13
ELECTRONIC NOTICE OF JUDICIAL SCREENING AND STANDING ORDER. Judicial screening of this case is pending. See Rule 1(b) and 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 8/6/2024) (chmb)
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Filing 12
ORDER granting #11 Motion for Leave to Proceed In Forma Pauperis. No order to answer or respond will issue pending completion of screening. (Ordered by Magistrate Judge Renee Harris Toliver on 8/6/2024) (chmb)
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| Filing 11 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Bertis Doyle Cupit, III. (cfk) |
| Filing 10 (Amended) PETITION for Writ of Habeas Corpus filed by Bertis Doyle Cupit, III. 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 9 Particula Rights Fourth Amendment Unreasonable Seizure of Person filed by Bertis Doyle Cupit, III. (agc) |
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Filing 8
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Petitioner Bertis Doyle Cupit, III must address the following deficiency: It appears Petitioner seeks relief under 28 U.S.C. 2241, but did not file his petition for writ of habeas on the court-approved form. See N.D. Tex. L.R. 5.4 and Misc. Ord. 13 (requiring inmates to file petitions for writ of habeas corpus on the court-approved form). Nor did he pay the required $5.00 filing fee or file a proper request to proceed in forma pauperis along with a certified statement of the balance in Petitioner's inmate trust account. 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, by August 14, 2024, Petitioner is ORDERED to (1) file a petition for writ of habeas corpus on the enclosed form, and (2) pay the $5.00 filing fee or file an application to proceed in forma pauperis with the required certificate of inmate trust account. If Petitioner did not intend to file a petition for writ of habeas corpus at this time, he may file a Notice of Dismissal and the case will be closed. 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 form petition for writ of habeas corpus under 28 U.S.C. 2241 and a prisoner motion to proceed in forma pauperis. Any amended petition will supersede (take the place of) Petitioner's previous filing. Consequently, Petitioner must state all claims in any amended petition filed. (Ordered by Magistrate Judge Renee Harris Toliver on 7/12/2024) (chmb)
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Filing 7
ELECTRONIC NOTICE OF JUDICIAL SCREENING AND STANDING ORDER. Judicial screening of this case is pending. See Rule 1(b) and 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 7/12/2024) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7, 8, 2241 Habeas Petition and Application to Proceed In Form Pauperis. Fri Jul 12 14:16:19 CDT 2024 (crt) Modified text on 7/12/2024 (agc). |
| Filing 6 NOTICE re: Current Cases in Johnson County filed by Bertis Doyle Cupit, III. (ndt) |
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Filing 5
Electronic Standing Order - If they have not already done so, all attorneys appearing in this case must file a Certificate Regarding Judge-Specific Requirements on the docket attesting that they have read, and will comply with, the judge-specific requirements for this Court, including the Court's order concerning generative artificial intelligence. The judge-specific requirements and a template Certificate may be found at: # Certificate Regarding Judge-Specific Requirements. To file the Certificate, please use the event entitled Certificate Regarding Judge-Specific Requirements. This event is located in the Other Documents selection, which is under the Other Filings category of the Civil page in ECF. Please contact the ECF help desk at 214-753-2633 for filing assistance. (Ordered by Judge Brantley Starr on 7/9/2024) (axm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of Document 5 Tue Jul 9 09:19:24 CDT 2024 (crt) |
| Filing 3 Notice and Instruction to Pro Se Party. (axm) |
| Filing 2 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. (axm) |
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Filing 1
ORDER: The court SEVERS the construed habeas claims from this action and DIRECTS that they be filed in a new habeas corpus action under 28 U.S.C. 2241. The clerk of the court is instructed to (1) open a new habeas corpus action under 28 U.S.C. 2241 (nature of suit code 530) against Respondent the State of Texas, (2) directly assign the new action to Judge Starr and Magistrate Judge Toliver, and (3) docket a copy of this order and the construed petition (Doc. 11) in the new action. The parties are notified that all future docketing related to the severed matter should be entered in the new case. (Orginally filed in case 3:23-cv-2718-S as document #14) (Ordered by Judge Brantley Starr on 7/3/2024) (axm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2, 3. Wed Jul 3 17:23:53 CDT 2024 (crt) |
| Filing 4 PETITION for Writ of Habeas Corpus filed by Bertis Doyle Cupit, III. 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. (Orginally filed in case 3:23-cv-2718-S as document #11) (axm) |
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| Petitioner: Bertis Doyle Cupit, III | |
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| Respondent: Adam King | |
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