Valdez v. Dominguez State Jail et al
| David D. Valdez |
| Dominguez State Jail and Bobby Lumpkin |
| 5:2022cv01245 |
| November 16, 2022 |
| US District Court for the Western District of Texas |
| Xavier Rodriguez |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on December 8, 2022. A more recent docket listing may be available from PACER.
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Filing 6
JUDGMENT--IT IS HEREBY ORDERED, ADJUDGED and DECREED that Petitioner David D. Valdezs petition for federal habeas corpus relief pursuant to 28 U.S.C. 2254 (ECF No. 1) is DISMISSED WITHOUT PREJUDICE. No Certificate of Appealability shall issue in this case. This case is now CLOSED. Signed by Judge Xavier Rodriguez. (nm)
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Filing 5
ORDER OF DISMISSAL--Petitioner David D. Valdezs 2254 petition (ECF No. 1) is DISMISSED WITHOUT PREJUDICE for failure to exhaust state remedies; Petitioner failed to make a substantial showing of the denial of a federal right and cannot make a substantial showing that this Courts 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 All remaining motions, if any, are DENIED, and this case is now CLOSED. Signed by Judge Xavier Rodriguez. (nm)
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Text Order GRANTING #4 Motion for Leave to Proceed in forma pauperis entered by Judge Xavier Rodriguez. The U.S. Clerk is directed to accept Petitioner's 28 U.S.C. 2254 Petition for a Writ of Habeas Corpus by a Person in State Custody (ECF No. 1) without prepayment of the required $5.00 filing fee. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg5)
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| Filing 4 MOTION to Proceed in forma pauperis by David D. Valdez. (nm) |
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Filing 3
DEFICIENCY ORDER--It is therefore ORDERED that, within thirty (30) days of the filing of this Order, Petitioner must submit to the Court either the required filing fee of $5.00 or a completed application to proceed IFP. If the petitioner submits an IFP application, it must include a current institutional trust fund account statement showing deposits and balances to Petitioners institutional account for the previous six months. Signed by Judge Xavier Rodriguez. (nm)
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| Copy of DE #3 and blank IFP form mailed to petitioner. (nm) |
| Filing 2 Case Opening Letter to David D. Valdez. (dtg) |
| Filing 1 Petition for Writ of Habeas Corpus, filed by David D. Valdez. (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) |
| THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE XAVIER RODRIGUEZ. (dtg) |
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