Yu v. Stuart
| Peng Yu |
| Kevin Stuart |
| 4:2025cv03874 |
| August 15, 2025 |
| U.S. District Court for the Southern District of Texas |
| Alfred H Bennett |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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This docket was last retrieved on September 19, 2025. A more recent docket listing may be available from PACER.
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Filing 10
ORDER OF DISMISSAL. Any remaining pending motions are DENIED as moot. Case terminated on September 19, 2025. (Signed by Judge Alfred H Bennett) Parties notified. (jm4)
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| Filing 9 Mail Returned Undeliverable as to Peng Yu re: #6 Notice of Deficient Pleading (FORM), filed. An updated address could not be found. (amp4) |
| Filing 8 Mail Returned Undeliverable as to Peng Yu re: #5 Clerks Notice re Consent to Jurisdiction of Magistrate Judge, filed. (glk4) |
| Filing 7 MOTION to Dismiss for Want of Jurisdiction #1 Petition for Writ of Habeas Corpus by Peng Yu, filed. Motion Docket Date 9/29/2025. (mew4) |
| Filing 6 CLERKS NOTICE OF DEFICIENT PLEADING. Parties notified. Notice of Compliance due by 9/18/2025, filed. (Attachments: #1 Appendix, #2 Appendix) (bsg4) |
| Filing 5 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (bkt4) |
| Filing 4 Case transferred in from New York Southern. Case Number 1:25-cv-06084; certified copy of transfer order, certified docket sheet, and transfer letter received |
| Referral Judge Selected: Magistrate Judge Peter Bray randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (bkt4) |
| MAILING RECEIPT: Document No: 3. Mailed to: Peng Yu 4701 Shoal Creek Drive College Station, TX 77845. (vba) |
| MAILING RECEIPT: Document No: 2. Mailed to: Peng Yu 4701 Shoal Creek Drive College Station, TX 77845. (mjy) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Southern District of Texas.(ks) |
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Filing 3
TRANSFER ORDER: The Court directs the Clerk of Court to transfer this action to the United States District Court for the Southern District of Texas. An order to answer shall not issue from this court. This order closes this action in this court. Because the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/24/2025) (ks) Transmission to Office of the Clerk of Court for processing.
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Filing 2
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may #consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for #permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 03/18/2024) (sac)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see #Rule 9.2 of the courts ECF Rules & Instructions for further information. (sac) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Peng Yu. (sac) |
| Case Designated ECF. (sac) |
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| Petitioner: Peng Yu | |
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| Respondent: Kevin Stuart | |
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