Mumphrey v. Wilson
Gregory Mumphrey |
Eric D. Wilson |
4:2019cv00070 |
January 22, 2019 |
US District Court for the Northern District of Texas |
John McBryde |
Prisoner Pet/Habeas Corpus: General |
28 U.S.C. ยง 2241 |
None |
Docket Report
This docket was last retrieved on February 15, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 11 FINAL JUDGMENT: In accordance with the court's order signed this date, the court ORDERS, ADJUDGES, and DECREES that this action be, and is hereby, dismissed without prejudice. (Ordered by Senior Judge John McBryde on 2/15/2019) (tln) |
Filing 10 ORDER: In response to the court's order of February 6, 2019, applicant, Gregory Mumphrey, has filed a #9 motion to withdraw his application under 2241. The court finds that the motion should be granted. The court ORDERS that applicant's motion to withdraw be, and is hereby, granted; the document applicant filed January 22, 2019, denoted as a petition for writ of habeas corpus under 28 U.S.C. 2241 be, and is hereby, withdrawn; and, this action be, and is hereby, dismissed without prejudice. (Ordered by Senior Judge John McBryde on 2/15/2019) (tln) |
***Clerk's Notice of delivery: (see NEF for details) Docket No:10,11. Fri Feb 15 09:57:51 CST 2019 (crt) |
Filing 9 MOTION TO WITHDRAW 2241 PETITION filed by Gregory Mumphrey. (tln) |
Filing 8 ORDER: On January 22, 2019, applicant, Gregory Mumphrey, filed a document denoted as a petition for writ of habeas corpus under 28 U.S.C. 2241. The court is satisfied that no other conclusion could be reached but that it is, instead, a motion under 28 U.S.C. 2255 to vacate, set aside, or correct sentence. (The ground of the motion is that petitioner was actually innocent under the career offender statute.) Nevertheless, in an abundance of caution, in light of Castro v. United States, 540 U.S. 375, 377 (2003), the court hereby notifies applicant that: (1) it intends to construe the motion as one under 2255; (2) as a result, the motion will likely be transferred to the United States District Court for the Middle District of Louisiana, for consideration as part of Case No. 3:12-cr-72-BAJ-EWD; and (3) so construing the document will cause it to be subject to 2255's "second or successive" restrictions. Therefore, the court is giving applicant an opportunity to withdraw the filing. If he does not withdraw the filing by 4:00 p.m. on February 20, 2019, the court may proceed to construe the motion as one brought under 2255. (Ordered by Senior Judge John McBryde on 2/6/2019) (tln) |
***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Wed Feb 6 10:54:11 CST 2019 (crt) |
Filing 7 ORDER granting #6 Application to Proceed In Forma Pauperis. (Ordered by Senior Judge John McBryde on 2/5/2019) (tln) |
***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Tue Feb 5 11:49:33 CST 2019 (crt) |
Filing 6 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Gregory Mumphrey. (tln) |
Filing 5 Order and Notice of Deficiency: Gregory Mumphrey must address the following deficiency: The $5.00 filing fee has not been paid nor has an application to proceed in forma pauperis and certificate of inmate trust account been submitted. 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 30 days. (Ordered by Senior Judge John McBryde on 1/23/2019) (tln) |
***Clerk's Notice of delivery: (see NEF for details) Docket No:5 and form Application to Proceed In Forma Pauperis and Certificate of Inmate Trust Account. Wed Jan 23 10:33:41 CST 2019 (crt) Modified text on 1/23/2019 (tln). |
Filing 4 Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Senior Judge John McBryde on 1/22/2019) (tln) |
Filing 3 Notice and Instruction to Pro Se Party. (tln) |
Filing 2 New Case Notes: A filing fee has not been paid. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) File to staff attorney PW. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (tln) |
Filing 1 PETITION for Writ of Habeas Corpus filed by Gregory Mumphrey. 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. (tln) |
***Clerk's Notice of delivery: (see NEF for details) Docket No:2,3,4. Tue Jan 22 13:58:53 CST 2019 (crt) |
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Petitioner: Gregory Mumphrey | |
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Respondent: Eric D. Wilson | |
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