Himmel et al v. Upton et al
Petitioner: Priscilla Ellis, Elaine Brown, Frederick Banks, Kimberli Himmel and Diana Marquez
Respondent: Central Intelligence Agency, Jody R Upton and FMC Carswell
Case Number: 4:2020cv00801
Filed: July 30, 2020
Court: US District Court for the Northern District of Texas
Presiding Judge: Reed C O'Connor
Nature of Suit: Prisoner Pet/Habeas Corpus: General
Cause of Action: 28 U.S.C. § 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2020 Opinion or Order Filing 26 ORDER denying #25 Motion for Leave to Proceed In Forma Pauperis. cy to appeals (Ordered by Judge Reed C. O'Connor on 9/21/2020) (wrb)
September 21, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:26. cy to Marquez, Brown, Banks, Himmel, Ellis Mon Sep 21 13:48:06 CDT 2020 (crt)
September 18, 2020 Filing 25 MOTION for Leave to Proceed in forma pauperis on appeal re #24 Notice of Appeal, filed by Frederick Banks. (tln)
September 18, 2020 Filing 24 NOTICE OF APPEAL as to #18 Order on Motion for Reconsideration, to the Fifth Circuit by Frederick Banks. 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. (tln)
September 17, 2020 Filing 23 Received letter from United States Court of Appeals Fifth Circuit No. 20-10856. We have docketed your additional appeal filed on 8/31/2020. You should use the number listed above on all future correspondence. (tle)
September 17, 2020 USCA Case Number 20-10856 in United States Court of Appeals Fifth Circuit for #17 Notice of Appeal, filed by Kimberli Himmel. (tle)
September 15, 2020 Filing 22 Mail returned as undeliverable. #18 Order on Motion for Reconsideration, received back from Diana Marquez as Return to Sender, Attempted-Not Known, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (wxc)
September 15, 2020 Filing 21 Mail returned as undeliverable. #18 Order on Motion for Reconsideration, received back from Elaine Brown as Return to Sender- Attempted not Known-Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (wxc)
September 9, 2020 Filing 20 Mail returned as undeliverable. #13 Order on Motion to Withdraw received back from Elaine Brown as unable to forward. No address update from last filed document. The current document has not been re-mailed. (wrb)
September 9, 2020 Filing 19 Mail returned as undeliverable. #13 Order on Motion to Withdraw received back from Diana Marquez as unable to forward. No address update from last filed document. The current document has not been re-mailed. (wrb)
September 2, 2020 Opinion or Order Filing 18 ORDER denying #14 Motion for Reconsideration... Petitioner, Frederick Banks, has filed a Motion for Reconsideration of August 19, 2020 Order; and Notice of Appeal (ECF No. 14), in which the Court determined, among other things, that he may have perpetuated a fraud upon the Court. The motion is DENIED. cy to appeals (Ordered by Judge Reed C. O'Connor on 9/2/2020) (wrb)
September 2, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:18. cy to Marquez, Brown, Banks, Himmel, Ellis Wed Sep 2 17:09:19 CDT 2020 (crt)
September 1, 2020 Filing 16 Mail returned as undeliverable re #10 Order received back from Elaine Brown as Return to Sender; Inmate no longer here; Unable to forward. No address update from last filed document. The current document has not been re-mailed. (tln)
September 1, 2020 Filing 15 Mail returned as undeliverable re #10 Order received back from Diana Marquez as Return to Sender; Inmate no longer here; Unable to forward. No address update from last filed document. The current document has not been re-mailed. (tln)
August 31, 2020 Filing 17 NOTICE OF APPEAL as to #10 Order on Motion to Amend/Correct, to the Fifth Circuit by Kimberli Himmel. 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. (tle)
August 31, 2020 Filing 14 MOTION for Reconsideration of August 19, 1010 #10 Order on Motion to Amend/Correct and Notice of Appeal filed by Frederick Banks (wrb)
August 28, 2020 Opinion or Order Filing 13 ORDER denying #12 Motion to Withdraw (Ordered by Judge Reed C. O'Connor on 8/28/2020) (wrb)
August 28, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:13. cy to Marquez, Brown, Banks, Himmel, Ellis Fri Aug 28 15:14:57 CDT 2020 (crt)
August 27, 2020 Filing 12 MOTION to be removed from case filed by Kimberli Himmel (wrb)
August 21, 2020 Filing 11 Public correspondence received from Priscilla Ellis. Copy of complaint mailed to petitioner. (bcr)
August 19, 2020 Opinion or Order Filing 10 ORDER denying 8 Motion to Amend/Correct. ; denying #9 Motion to Amend/Correct. (Ordered by Judge Reed C. O'Connor on 8/19/2020) (wrb)
August 19, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. cy to Marquez, Brown, Banks, Himmel, Ellis Wed Aug 19 14:25:07 CDT 2020 (crt)
August 18, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Copy of Notice of Appeal mailed to Petitioner Tue Aug 18 14:01:52 CDT 2020 (crt)
August 17, 2020 Filing 9 MOTION to Correct the Record and Remove PLRA Strike Against Movant filed by Kimberli Himmel (wrb)
August 17, 2020 Filing 8 MOTION to Alter and Amend Order and Vacate Void Order FED.R.CIV.PROC.60(B) (4) & Judgment #4 Memorandum Opinion and Order, #5 Judgment, filed by Frederick Banks, Elaine Brown, Priscilla Ellis, Kimberli Himmel, Diana Marquez. [ No Image see #7 ]. (tle)
August 17, 2020 Filing 7 NOTICE OF APPEAL and BRIEF OF APPELLANT'S as to #5 Judgment, #4 Memorandum Opinion and Order, to the Fifth Circuit by Frederick Banks, Elaine Brown, Priscilla Ellis, Kimberli Himmel, Diana Marquez. 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. (tle)
August 7, 2020 Filing 6 Request for Docket Sheet filed by Kimberli Himmel (clerk mailed copy of public docket sheet to Himmel) (wrb)
August 5, 2020 Opinion or Order Filing 5 FINAL JUDGMENT... In accordance with its opinion and order signed this day, the Court DISMISSES the petition of Kimberli Himmel, et al., pursuant to 28 U.S.C. 2241 in the above-captioned action for lack of subject matter jurisdiction. (Ordered by Judge Reed C. O'Connor on 8/5/2020) (wrb)
August 5, 2020 Opinion or Order Filing 4 Opinion and Order... Petitioners petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241 is DISMISSED for lack of subject matter jurisdiction. A certificate of appealability is DENIED. (Ordered by Judge Reed C. O'Connor on 8/5/2020) (wrb)
August 5, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:4,5. all petitioners Wed Aug 5 15:52:38 CDT 2020 (crt)
July 30, 2020 MOTION for Leave to Proceed in forma pauperis contained in doc #1 filed by Priscilla Ellis (wrb)
July 30, 2020 Filing 3 Notice and Instruction to Pro Se Party (wrb)
July 30, 2020 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: If the last digit of this case is an ODD number route file to staff attorney PW. If the last digit is an EVEN number route file to staff attorney DK. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wrb)
July 30, 2020 Filing 1 PETITION for Writ of Habeas Corpus 28 USC 2241 filed by Priscilla Ellis, Elaine Brown, Kimberli Himmel, Diana Marquez, Frederick Banks. 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. (wrb)
July 30, 2020 ***Clerk's Notice of delivery: (see NEF for details) Docket No:2,3. cy to Marquez, Banks, Himmel, Brown, Ellis Thu Jul 30 17:32:43 CDT 2020 (crt)

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Petitioner: Priscilla Ellis
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Petitioner: Elaine Brown
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Petitioner: Frederick Banks
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Petitioner: Kimberli Himmel
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Petitioner: Diana Marquez
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Respondent: Central Intelligence Agency
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Respondent: Jody R Upton
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Respondent: FMC Carswell
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