Sheppard v. United States of America
| David Sheppard |
| United States of America |
| 4:2022cv00834 |
| September 19, 2022 |
| US District Court for the Northern District of Texas |
| John McBryde |
| Mark Pittman |
| Prisoner Pet: Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentence |
| None |
Docket Report
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This docket was last retrieved on December 14, 2022. A more recent docket listing may be available from PACER.
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Filing 8
MOTION for Reconsideration filed by David Sheppard (jgg)
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Filing 7
0 R D E R By November 21, 2022, the United States Attorney shall file and serve an answer complying with the provisions of Rule 5(b) of the Rules Governing 2255 Cases; and By December 5, 2022, movant shall file and serve any reply he wishes to make to such answer. (Ordered by Senior Judge John McBryde on 10/21/2022) (jgg)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Fri Oct 21 14:38:47 CDT 2022 (crt)
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Filing 6
ORDER: The court hereby notifies petitioner that it intends to construe the motion as one under 2255 and so construing the document will cause it to be subject to 2255 "second or successive" restrictions. In addition, petitioner has the right to amend the motion to include all the 2255 claims he believes he has. Therefore, the court is giving petitioner an opportunity to withdraw or amend the filing. If he does not withdraw the filing by October 14, 2022, the court may proceed to construe the motion as one brought under 2255. If he has not withdrawn or amended the filing by that date, the court may proceed to construe the original filing as presenting all of the grounds petitioner wishes to pursue. (Ordered by Senior Judge John McBryde on 9/23/2022) (tjc)
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Filing 5
Notice and Instruction to Pro Se Party (tjc)
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Filing 4
ORDER REASSIGNING CASE. Case reassigned to Senior Judge John McBryde for all further proceedings. Judge Mark Pittman no longer assigned to case. (Ordered by Judge Mark Pittman on 9/23/2022) (tjc)
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New Case Notes: A filing fee is not due for this case. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) File to appropriate staff attorney. (tjc)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Clerk mailed 2255 form with Order Fri Sep 23 14:30:39 CDT 2022 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:4,5. Fri Sep 23 11:47:35 CDT 2022 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:2,3. Tue Sep 20 10:48:06 CDT 2022 (crt)
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Filing 3
Notice and Instruction to Pro Se Party (jgg)
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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: 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. (jgg)
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Filing 1
Petition For Writ of Mandamus filed by David Sheppard. (jgg)
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| Petitioner: David Sheppard | |
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| Respondent: United States of America | |
| Represented By: | Leigha A Simonton-DOJ |
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