Spalding v. USA
| David Lyman Spalding |
| USA |
| 3:2025cv00582 |
| March 7, 2025 |
| U.S. District Court for the Northern District of Texas |
| Brantley Starr |
| Prisoner Pet: Motions to Vacate Sentence |
| 28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentence |
| None |
Docket Report
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This docket was last retrieved on January 9, 2026. A more recent docket listing may be available from PACER.
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Filing 14
NOTICE of Change of Address for Pro Se litigant David Lyman Spalding with Deputy Clerk Response. New address: Berman Law Center, 1567 Oak Knoll Street, Suite 100, Dallas, TX 75208. (kcr) Modified text on 8/13/2025 (kcr). (Additional attachment(s) added on 8/15/2025: #1 Deputy Clerk Response) (axm).
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Filing 15
***PLEASE DISREGARD - FILED IN ERROR*** NOTICE OF INTERLOCUTORY APPEAL to the Fifth Circuit, received from the Fifth Circuit for processing in this office on 8/14/2025, by David Lyman Spalding. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (axm) Modified on 8/15/2025 (axm).
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Filing 13
RESPONSE AND OBJECTION filed by David Lyman Spalding re: #11 Order. (cfk)
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Filing 12
ELECTRONIC ORDER REASSIGNING CASE. Case reassigned to Judge Brantley Starr for all further proceedings. Judge Barbara M.G. Lynn no longer assigned to case. (Ordered by Senior Judge Barbara M. G. Lynn on 7/21/2025) (frw)
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Filing 11
ORDER: Movant is ORDERED to file a response no later than 8/15/2025, explaining why the 2255 motion is not barred by the one-year statute of limitations or why the statute of limitations should be tolled on equitable grounds. (Ordered by Senior Judge Barbara M. G. Lynn on 7/16/2025) (cfk)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Wed Jul 16 15:27:35 CDT 2025 (crt)
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Filing 10
(AMENDED) MOTION to Vacate under 28 U.S.C. 2255 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. (knb)
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Filing 9
ORDER: The court grants in part and denies in part Movant's #8 motion for extension time. Therefore, by 7/25/2025, Movant must comply with the second deficiency order and file either (1) an amended 2255 motion raising all ofhis grounds with respect to his conviction and sentence in criminal case number 3:13-CR- 422-M-1 or (2) a notice that he intends to dismiss this case. (Ordered by Senior Judge Barbara M. G. Lynn on 5/20/2025) (kcr)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Tue May 20 13:52:29 CDT 2025 (crt)
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Filing 8
Conditional MOTION for a 120 Days Extension of Time to Cure Deficiency of Order re #7 Order And Notice of Deficiency filed by David Lyman Spalding. (knb)
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Filing 7
SECOND NOTICE OF DEFICIENCY AND ORDER: Before the court is Movants second motion for relief and clarification. Doc. #6 . Upon review, the motion is DENIED and, in the interest of justice, Movant is GRANTED an extension of time to comply with the courts deficiency order. Accordingly, by 5/28/2025 Movant must file either (1) an amended 2255 motion raising all of his grounds with respect to his conviction and sentence in criminal case number 3:13-CR-422-M-1 or (2) a notice that he intends to dismiss this case. 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 5/28/2025. (Ordered by Senior Judge Barbara M. G. Lynn on 4/30/2025) (Attachments: #1 2255 Form) (cfk)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Wed Apr 30 10:31:16 CDT 2025 (crt)
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Filing 6
2nd MOTION for Relief and Clarification re #3 Order And Notice of Deficiency filed by David Lyman Spalding. (axm)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Mon Apr 7 14:18:32 CDT 2025 (crt)
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Filing 5
ORDER denying #4 Motion for Relief and Clarification. (Ordered by Senior Judge Barbara M. G. Lynn on 4/4/2025) (ndt)
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Filing 4
MOTION for Relief and Clarification re #3 Order And Notice of Deficiency, filed by David Lyman Spalding. (kaf)
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Filing 3
Order and Notice of Deficiency: David Lyman Spalding must address the following deficiency: The motion is not filed on the appropriate form. 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 4/17/2025. (Ordered by Senior Judge Barbara M. G. Lynn on 3/13/2025) (agc) (Additional attachment(s) added on 3/13/2025: #1 2255) (agc).
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***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Thu Mar 13 14:33:23 CDT 2025 (crt)
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Filing 2
MOTION for the District Court to Issue an Order to Allow the Petitioner to Proceed With His First Ever 28 U.S.C. 2255 As Per A Final Madate Issued By The Tenth Circuit Court of Appeals (Criminal Case Number 3:13-cr-422-M) 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. (ndt)
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Filing 1
Notice and Instruction to Pro Se Party. (ndt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:2. Fri Mar 7 15:49:26 CST 2025 (crt)
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New Case Notes: A filing fee is not due for this case. Initiating documents received by mail. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) (ndt)
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| Petitioner: David Lyman Spalding | |
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