Pate v. Benjamin
| Frank Edwin Pate |
| FNU Benjamin |
| 3:2025cv01233 |
| May 15, 2025 |
| U.S. District Court for the Northern District of Texas |
| Sam A Lindsay |
| 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 July 3, 2025. 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:8,9. Thu Jul 3 09:33:34 CDT 2025 (crt)
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Filing 9
JUDGMENT (Ordered by Judge Sam A. Lindsay on 7/2/2025) (chmb)
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Filing 8
Order Accepting Findings and Recommendations and Denying Certificate of Appealability re: #6 Findings and Recommendations on Case re: #3 Petition for Writ of Habeas Corpus,, filed by Frank Edwin Pate. (Ordered by Judge Sam A. Lindsay on 7/2/2025) (chmb)
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Filing 7
Amended OBJECTION to #6 Findings and Recommendations by Frank Edwin Pate (axm)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Mon Jun 2 08:55:26 CDT 2025 (crt)
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Filing 6
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court lacks jurisdiction over Pate's habeas petition since it challenges only the conditions of his confinement. Thus, Pate's petition for writ of habeas corpus should be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. (Ordered by Magistrate Judge Renee Harris Toliver on 5/30/2025) (mcrd)
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Filing 5
Affidavit in Support filed by Frank Edwin Pate re #3 Petition for Writ of Habeas Corpus. (axm)
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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 5/16/2025) (chmb)
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Filing 3
PETITION for Writ of Habeas Corpus filed by Frank Edwin Pate. (Filing fee $5.00; receipt number 300017815) 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. (kcr)
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Filing 2
Notice and Instruction to Pro Se Party. (kcr)
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Filing 1
New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Case received over counter or electronically. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) 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. (kcr)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Thu May 15 16:17:27 CDT 2025 (crt)
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| Petitioner: Frank Edwin Pate | |
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