Foy v. Wilson
| Daverne Michael Foy |
| Wilson and FNU Wilson |
| 1:2019cv00871 |
| September 9, 2019 |
| US District Court for the Western District of Texas |
| Sam Sparks |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on October 17, 2019. A more recent docket listing may be available from PACER.
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ORDER on Motion to Vacate, Set Aside or Correct Sentence (2255) - original docketed in case #1:17-cr-172(1)SS. Signed by Judge Sam Sparks. (td)
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ORDER entered in criminal case 1:17-cr-172(1)-SS that A-19-CA-00871, Daverne Michael Foy v. FNU Wilson, is consolidated into AU-19-CV-748-SS [A-17-CR-172(1)J, and that cause is to be now cited as Daverne Foy, Movant, vs. United States of America and FNU Wilson, Respondents. Signed by Judge Sam Sparks. (lt)
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| MOTION to Vacate, Set Aside or Correct Sentence (2255)(Construed per dkt #8 ), filed by Daverne Michael Foy.(cj) |
| Case reassigned to Judge Sam Sparks. Judge Lee Yeakel no longer assigned to the case. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) |
| This civil action is opened for statistical purposes only. ALL documents should be filed in criminal case number 1:17-CR-00172. (cj) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane. (dl) |
| Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl) |
| Filing 9 Case electronically transferred in from Northern District of Texas; Case Number 4:19-cv-00574. |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Mon Sep 9 09:35:52 CDT 2019 (crt) [Transferred from Texas Northern on 9/9/2019.] |
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Filing 8
ORDER: The court ORDERS that the document filed July 22, 2019, in this action be, and is hereby, construed as a motion under 28 U.S.C. 2255, and be, and is hereby, transferred to the Western District of Texas for consideration as part of Case No. 1:17-CR- 172-SS. (Ordered by Senior Judge John McBryde on 9/6/2019) (edm) [Transferred from Texas Northern on 9/9/2019.]
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Filing 7
ORDER... the court is giving applicant an opportunity to withdraw the filing. If he does not withdraw the filing by August 30, 2019, the court may proceed to construe the motion as one brought under 2255. (Ordered by Senior Judge John McBryde on 8/14/2019) (wxc) [Transferred from Texas Northern on 9/9/2019.]
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Wed Aug 14 16:31:55 CDT 2019 (crt) [Transferred from Texas Northern on 9/9/2019.] |
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Filing 6
ORDER TO PAY FILING FEE: It is ORDERED that the application #2 to proceed informa pauperis be, and is hereby, denied. IT IS further ORDERED that payment of $5.00 must be submitted to the clerk of court within thirty (30) days from the date of this Order. Failure to submit the required payment within thirty (30) days will result in dismissal for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b) without further notice. (Ordered by Senior Judge John McBryde on 7/23/2019) (edm) [Transferred from Texas Northern on 9/9/2019.]
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Tue Jul 23 14:10:56 CDT 2019 (crt) [Transferred from Texas Northern on 9/9/2019.] |
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Filing 5
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Senior Judge John McBryde on 7/22/2019) (edm) [Transferred from Texas Northern on 9/9/2019.]
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| Filing 4 Notice and Instruction to Pro Se Party (edm) [Transferred from Texas Northern on 9/9/2019.] |
| Filing 3 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 staff attorney PW. 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. (edm)[Transferred from Texas Northern on 9/9/2019.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Daverne Michael Foy (edm) [Transferred from Texas Northern on 9/9/2019.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Daverne Michael Foy. 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. (edm) [Transferred from Texas Northern on 9/9/2019.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3,4,5. Mon Jul 22 14:47:14 CDT 2019 (crt) [Transferred from Texas Northern on 9/9/2019.] |
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