McBride v. Lumpkin
| Kirk Wayne McBride, Sr. |
| Director-TDCJ-CID Bobby Lumpkin |
| 5:2023cv00795 |
| June 20, 2023 |
| US District Court for the Western District of Texas |
| Fred Biery |
| 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 August 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Re-mailed docs #3 and #4 to plaintiff. (nm) |
| Filing 5 ADVISORY TO THE COURT by Kirk Wayne McBride, Sr. (nm) |
Filing 4
JUDGMENT--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 Kirk Wayne McBride, Sr. is DISMISSED WITHOUT PREJUDICE. No Certificate of Appealability shall issue in this case. This case is now CLOSED. Signed by Judge Fred Biery. (nm)
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Filing 3
DISMISSAL ORDER--Petitioner Kirk Wayne McBride, Sr.s petition for habeas corpus relief pursuant to 28 U.S.C. 2254 (ECF No. 1) is DISMISSED WITHOUT PREJUDICE for want of jurisdiction; 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 DISMISSED, and this case is now CLOSED. Signed by Judge Fred Biery. (nm)
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| Filing 2 Case Opening Letter to Kirk Wayne McBride, Sr. (bt) |
| Filing 1 Petition for Writ of Habeas Corpus, filed by Kirk Wayne McBride, Sr. (Attachments: #1 Civil Cover Sheet, #2 Cover letter, #3 Copy of Envelope)(bt) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (bt) |
| THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE FRED BIERY. (bt) |
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| Petitioner: Kirk Wayne McBride, Sr. | |
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| Respondent: Director-TDCJ-CID Bobby Lumpkin | |
| Represented By: | Edward L. Marshall |
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