Delacruz v. Director, TDCJ-CID
| Isidro Miguel Delacruz |
| Bobby Lumpkin-Director TDCJ-CID and Director, TDCJ-CID |
| 6:2024cv00013 |
| March 18, 2024 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Prisoner Pet/Habeas Corpus: Death Penalty |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 10 CERTIFIED MAIL RECEIPTS RETURNED. Certified mail receipts re #8 returned to the clerks office. FPD and Petitioner receive stamped on 04/05/2024. OAG received stamped on 04/09/2024. **Note: Per USPS website Margaret Schmucker has not been delivered to and card returned blank. (ada) |
| Filing 9 NOTICE of Attorney Appearance by Jeremy Don Schepers-FPD on behalf of Isidro Miguel Delacruz. (Filer confirms contact info in ECF is current.) (Schepers-FPD, Jeremy) |
Filing 8
ORDER APPOINTING COUNSEL AND SETTING DEADLINES. Petitioner's motion for appointment of counsel, filed March 18, 2024, ECF nos. #1 & 2 , is GRANTED as follows: in accordance with Title 18 U.S.C. Section 3599, the Capital Habeas Unit of the Federal Public Defender for the Northern District of Texas is appointed counsel of record for Petitioner. The show cause order issued March 19, 2024 (ECF no. #5 ) is WITHDRAWN. On or before March 26, 2025, Petitioner shall file and serve on the Criminal Appeals Division of the Office of the Texas Attorney General his original federal habeas corpus petition in this cause. Respondent shall file his answer to Petitioner's original federal habeas corpus or other responsive pleading on or before ninety days after receipt of a copy of Petitioner's federal habeas corpus petition. The Clerk shall send a copy of this Order via first class mail with a receipt acknowledgment card enclosed or attached to (1) Petitioner Isidro Miguel Delacruz, 2) Petitioner's counsel of record, and (3) the Criminal Appeals Division of the Office of the Attorney General of the State of Texas, attention Katherine Davis Abell. See order for additional instructions and deadlines. **Clerk's note: C.M.R.R.R. of this order sent to Petitioner, Tracking #7003-1680-0005-0279-1904; Petitioner's Counsel, FPD, Tracking #7003-1680-0005-0279-1898, and Margaret Schmucker, Tracking #7003-1680-0005-0279-1881; and the Criminal Appeals Division of the OAG, Tracking #7003-1680-0005-0279-1911. (Ordered by Senior Judge Sam R Cummings on 4/1/2024) (ada)
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| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bobby Lumpkin-Director TDCJ-CID. (Clerk QC note: No affiliate entered in ECF). (Abell, Katherine) |
| Filing 6 NOTICE of Attorney Appearance by Katherine Davis Abell on behalf of Bobby Lumpkin-Director TDCJ-CID. (Filer confirms contact info in ECF is current.) (Abell, Katherine) |
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Filing 5
**WITHDRAWN per #8 Order**SHOW CAUSE ORDER REGARDING POTENTIALLY PREMATURE MOTION FOR APPOINTMENT OF COUNSEL: Accordingly, it is hereby ORDERED that on or before twenty days from the date of this Order, Delacruz's state habeas counsel shall show cause why the motion for appointment of federal habeas counsel erroneously docketed as a petition should not be dismissed without prejudice as premature; Delacruz's motion for leave to proceed In Forma Pauperis 3 is DISMISSED AS MOOT. (Ordered by Senior Judge Sam R Cummings on 3/19/2024) (dsr) Modified on 4/2/2024 (amg).
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| Filing 4 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.) (ada) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis with certificate of trust account (certificate not signed by Officer) filed by Isidro Miguel Delacruz. (ada) Clerks Note: See #1 for PDF. |
| Filing 2 MOTION to Appoint Counsel filed by Isidro Miguel Delacruz. Clerks Note: See #1 for PDF. (ada) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Isidro Miguel Delacruz. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filer fee note- IFP motion in petition or to be filed.) 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. (Attachments: #1 Cover Sheet Civil, #2 Certificate of Interested Persons, #3 In Forma Pauperis Application) (Schmucker, Margaret) |
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