Swinney v. Director, TDCJ-CID
Petitioner: Brian James Swinney
Respondent: Director, TDCJ-CID
Case Number: 4:2022cv00105
Filed: February 8, 2022
Court: US District Court for the Northern District of Texas
Presiding Judge: Mark Pittman
Nature of Suit: Prisoner Pet/Habeas Corpus: General
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 22, 2022 Opinion or Order Filing 9 FINAL JUDGMENT: In accordance with the order issued this same day and Federal Rule of Civil Procedure 58, it is ORDERED, ADJUDGED, and DECREED that the petition for writ of habeas corpus under 28 U.S.C. 2254 is DISMISSED without prejudice for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. (Ordered by Judge Mark Pittman on 3/22/2022) (sre)
March 22, 2022 Opinion or Order Filing 8 ORDER OF DISMISSAL: It is therefore ORDERED that the petition for writ of habeas corpus under 28 U.S.C. 2254 is DISMISSED without prejudice for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. (Ordered by Judge Mark Pittman on 3/22/2022) (sre)
March 22, 2022 ***Clerk's Notice of delivery: (see NEF for details) Docket No:8,9. Tue Mar 22 13:14:37 CDT 2022 (crt)
February 10, 2022 Opinion or Order Filing 7 ORDER & NOTICE OF DEFICIENCY: Brian James Swinney must address the following deficiency: The $5.00 filing fee for habeas petitions has not been paid nor have an application to proceed in forma pauperis and certificate of inmate trust account reflecting the amount of funds in Petitioner's inmate 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 thirty (30) days. (Ordered by Judge Mark Pittman on 2/10/2022) (Attachments: #1 MIFP) (twd)
February 10, 2022 Filing 6 Notice and Instruction to Pro Se Party. (sre)
February 10, 2022 Filing 5 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: Appropriate Staff Attorney. 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. (sre)
February 10, 2022 ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Thu Feb 10 16:41:07 CST 2022 (crt)
February 10, 2022 ***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6. New case NEF sent to plaintiff. Thu Feb 10 09:27:33 CST 2022 (crt)
February 9, 2022 Opinion or Order Filing 4 Electronic Order transferring habeas corpus petition to the Fort Worth Division of the United States District Court for the Northern District of Texas for further proceedings. Under the authority of Miscellaneous Order No. 6, this action is transferred to the Fort Worth Division, where the Tarrant County conviction Petitioner contests arose. See 28 U.S.C. 2241(d). (Ordered by Magistrate Judge Rebecca Rutherford on 2/9/2022) (chmb)
February 9, 2022 NEW CASE NUMBER 4:22-cv-00105-P has been opened following the order of transfer entered in case number 3:22-cv-00309-N-BT. Future filings should reflect only the new case number and be directed to the proper division (see LR 5.1(a)). Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (rekc)
February 8, 2022 Filing 3 PETITION for Writ of Habeas Corpus filed by Brian James Swinney. 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. (oyh)
February 8, 2022 Filing 2 Notice and Instruction to Pro Se Party. (oyh)
February 8, 2022 Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Rutherford (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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh)
February 8, 2022 ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Tue Feb 8 15:51:39 CST 2022 (crt)

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Petitioner: Brian James Swinney
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Respondent: Director, TDCJ-CID
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