Miller v. Lubbock County Sheriff
| Benjamin Miller |
| Lubbock County Sheriff and Kelly Rowe |
| 5:2023cv00279 |
| November 21, 2023 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.
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Filing 9
JUDGMENT: It is ORDERED, ADJUDGED, and DECREED that the petition for writ of habeas corpus is dismissed without prejudice. (Ordered by Senior Judge Sam R. Cummings on 12/11/2023) (krr)
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Filing 8
ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS: Petitioner's petition for writ of habeas corpus under 28 U.S.C. 2241 is dismissed without prejudice. Any request for a certificate of appealability should be denied. All relief not expressly granted, and any pending motions are denied. So ordered. (Ordered by Senior Judge Sam R. Cummings on 12/11/2023) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8,9. Mon Dec 11 13:46:34 CST 2023 (crt) |
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Filing 7
ELECTRONIC ORDER: Petitioner's application to proceed in forma pauperis, Dkt No. #2 , is GRANTED until further order. Reminder: Petitioner must promptly notify the Court of any change of address by filing a written notice of change of address with the Clerk. Failure to file this notice may result in the dismissal of the petition for failure to prosecute. (Ordered by Senior Judge Sam R Cummings on 12/8/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Electronic Order 7 mailed to Petitioner. Fri Dec 8 14:50:12 CST 2023 (crt) |
| Filing 6 AMENDED PETITION for Writ of Habeas Corpus filed by Benjamin Miller. 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. (krr) |
| Filing 5 Notice and Instruction to Pro Se Party (bdg) |
| Filing 4 New Case Notes: A filing fee has not been paid. No prior sanctions found. (bdg) |
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Filing 3
ORDER: Plaintiff's habeas claims can be separated from his civil-rights complaints. So, the Court will entertain his habeas claims in a separate civil action. The Clerk is directed to open a new habeas action under 28 U.S.C. 2241 (Nature of Suit 530), styled Benjamin Miller v. Lubbock County Sheriff, with Plaintiff's complaint, Dkt. No. 1, as the initiating document. The Clerk is directed to also file a copy of Plaintiff's motion to proceed in forma pauperis and his certificate of inmate trust account in the new habeas action. The Court directs the Clerk to send Plaintiff a Section 2241 form marked with the new civil action number assigned to Plaintiff's habeas claims and stamped "amended." (Ordered by Judge James Wesley Hendrix on 11/21/2023) (bdg)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Benjamin Miller (bdg) (Additional attachment(s) added on 12/8/2023: #1 Additional Page(s) Certificate of Inmate Trust Account Statements) (krr). |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Benjamin Miller. 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. (bdg) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,3,5. Also mailed 2241 habeas with Case Number and stamped "amended." Tue Nov 21 14:05:34 CST 2023 (crt) |
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