Duarte v. Romero et al
| Richard F. Duarte, Jr. |
| Officer Wilson Romero, Officer FNU Rice, Medical Staff and Practitioners, Major Nicholas C. Martin, Asst. Warden Vernet A. Davis, Warden Phonso J. Rayford, Director Stephen Williams, OIG General Inspector, Sgt. FNU FNU and Bobby Lumpkin |
| 5:2022cv00538 |
| May 18, 2022 |
| US District Court for the Western District of Texas |
| Jason K Pulliam |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Mailed out #3 Order of Dismissal to plaintiff (TDCJ-Connally Unit) along with copies of the Prisoner's Civil Rights Complaint form and the Application to Proceed In Forma Pauperis (bc) |
Filing 4
JUDGMENT--Pursuant to this Court's Dismissal Order of even date herewith, IT IS HEREBY ORDERED, ADJUDGED and DECREED that the petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 (ECF No. 1) filed by Petitioner Richard F. Duarte, Jr. is DISMISSED WITHOUT PREJUDICE. No Certificate of Appealability shall issue in this case. This case is now CLOSED. Signed by Judge Jason K. Pulliam. (bc)
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Filing 3
ORDER OF DISMISSAL--Petitioner's 2254 petition (ECF No. 1) is DISMISSED WITHOUT PREJUDICE to allow Petitioner a chance to raise his allegations via a civil rights action under 42 U.S.C. 1983. The Clerk of the Court shall forward to Petitioner the correct forms for filing a civil rights action pursuant to 42 U.S.C. 1983; 2. In order to pursue a civil rights complaint under 1983, Petitioner must submit to the Court either the required filing fee of $402.00 or a completed application to proceed IFP. The Clerk of the Court shall forward to Petitioner this Court's standard IFP application; 3. Petitioner failed to make "a substantial showing of the denial of a federal right" and cannot make a substantial showing that this Court's procedural rulings are incorrect as required by Fed. R. App. P. 22 for a certificate of appealability. See Slack v. McDaniel, 529 U.S. 473, 483-84 (2000). Therefore, this Court DENIES petitioner a certificate of appealability. See Rule 11(a) of the Rules Governing 2254 Proceedings; and 4. All other remaining motions, if any, are DENIED, and this case is now CLOSED. Signed by Judge Jason K. Pulliam. (bc)
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| Filing 2 Case Opening Letter to Richard F. Duarte, Jr. (dtg) |
| Filing 1 Petition for Writ of Habeas Corpus, filed by Richard F. Duarte, Jr. (Attachments: #1 Civil Cover Sheet, #2 Copy of Envelope)(dtg) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney. (dtg)***Modified TEXT TO REFLECT CORRECT FILING DATE FROM 5/19/2022 TO 5/18/2022 on 5/26/2022 (dtg).*** |
| THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE JASON K. PULLIAM. (dtg) |
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