Vazquez-Aguirre v. Eden Detention Center
| Juan Vazquez-Aguirre |
| Eden Detention Center |
| 3:2025cv01006 |
| April 22, 2025 |
| U.S. District Court for the Northern District of Texas |
| A Joe Fish |
| Renee Harris Toliver |
| Prisoner Pet/Other: Mandamus & Other |
| 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 June 9, 2025. A more recent docket listing may be available from PACER.
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Filing 8
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: This action should be DISMISSED WITHOUT PREJUDICE for failure to comply with a Court order and for lack of prosecution. (Ordered by Magistrate Judge Renee Harris Toliver on 6/9/2025) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Mon Jun 9 11:42:55 CDT 2025 (crt) |
| Filing 7 Mail returned as undeliverable. 5 Order And Notice of Deficiency, 4 Order received back from Juan Vazquez-Aguirre as no longer here. No address update from last filed document. The current document has not been re-mailed. (axm) |
| Filing 6 Mail returned as undeliverable. #2 Notice and Instruction to Pro Se Party, #1 Consent Form received back from Juan Vazquez-Aguirre as Not Deliverable as Addressed, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (knb) |
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Filing 5
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Petitioner Juan Vazquez-Aguirre must address the following deficiency: It appears Petitioner seeks relief under 28 U.S.C. 2241 but did not file a 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 Petitioner 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 May 27, 2025, 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, Petitioner 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 4/25/2025) (chmb)
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Filing 4
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 4/25/2025) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4,5. writ of habeas corpus under 28 U.S.C. 2241, and a prisoner motion to proceed in forma pauperis Fri Apr 25 12:43:04 CDT 2025 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Thu Apr 24 10:06:08 CDT 2025 (crt) |
| Filing 3 PETITION for Writ of Habeas Corpus filed by Juan Vazquez-Aguirre. 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) |
| Filing 2 Notice and Instruction to Pro Se Party. (knb) |
| Filing 1 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. (knb) |
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