Spalding v. Director of Corrections
| David Lyman Spalding |
| Director of Corrections |
| 3:2026cv00763 |
| March 9, 2026 |
| U.S. 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
RSS Track this Docket
This docket was last retrieved on July 27, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Thu Apr 23 11:38:07 CDT 2026 (crt) |
Filing 8
ELECTRONIC ORDER granting #7 Petitioner's first Motion to Extend Time to respond to the Court's deficiency order. The deadline to cure the deficiency is now June 9, 2026. (Ordered by Magistrate Judge Renee Harris Toliver on 4/22/2026) (chmb)
|
| Filing 7 MOTION for 90-day equitable tolling and Extension of Time filed by David Lyman Spalding. (kcr) |
|
Filing 6
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Petitioner David Lyman Spalding must address the following deficiency: The court considered Petitioner's pro se Motion to Correct Bureau of Prisons (BOP) Sentence Computation and Recognize an Earlier Lawful Release Date and directed that it be filed as a habeas corpus petition under 28 U.S.C. 2241. Doc. 1 ; Doc. #3 . Insofar as Petitioner seeks relief under 2241, Petitioner will need to 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). Petitioner will also need to 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 April 9, 2026, 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 3/10/2026) (chmb)
|
|
Filing 5
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 3/10/2026) (chmb)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. with 2241 and IFP Form Tue Mar 10 17:27:48 CDT 2026 (crt) |
| Filing 4 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) |
|
Filing 1
ELECTRONIC ORDER OF SEVERANCE. Before the Court is Defendant David Lyman Spalding's Supplemental Motion for this Court to Correct Bureau of Prisons (BOP) Sentence Computation and Recognize an Earlier Lawful Release Date (Motion). Crim. Doc. 467 . The proper method for challenging the execution of a sentence and for contesting the calculation of a sentence by the Bureau of Prisons is through a habeas corpus petition under 28 U.S.C. 2241. See Braden v. 30th Jud. Cir. Ct. of Kentucky, 410 U.S. 484, 494-95 (1973); Jeffers v. Chandler, 253 F.3d 827, 830 (5th Cir. 2001). Accordingly, Defendant's Motion is CONSTRUED as a habeas corpus petition under 28 U.S.C. 2241 and SEVERED from this action. The Clerk of the Court is directed to (1) open a new habeas corpus action for the severed matter under 28 U.S.C. 2241 (nature of suit 530) against Respondent Director of Corrections, Volunteers of America Fort Worth, where Defendant is presently confined, (2) directly assign the new case, per Special Order 3-250, to the same District Judge and Magistrate Judge as in the criminal case, and (3) file a copy of the Motion and this order in the new action. The parties are notified that all future docketing related to the severed matter should be entered in the new case. (Originally filed as docket entry #468 in case 3:13-CR-422-X) (Ordered by Judge Brantley Starr on 3/9/2026) (axm)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:2, 4. NEF of Document #1 Mon Mar 9 17:23:14 CDT 2026 (crt) |
| Filing 3 PETITION for Writ of Habeas Corpus filed by David Lyman Spalding. 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. (Originally filed as docket entry #467 in case 3:13-CR-422-X) (axm) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Spalding v. Director of Corrections | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: Director of Corrections | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: David Lyman Spalding | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
