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14-341 - Black v. Davis, Director TDCJ-CID


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14-341 - Black v. Davis, Director TDCJ-CID
April 15, 2014
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Findings, Conclusions, and Recommendation re: 19 Petitioner [sic] Objection to Respondent's Motion for Extension of Time Default Judgment 55(b)(1) with Brief in Support. Because the respondent has appeared to defend this action and has timely sought an extension of time to answer the petition, the petitioner's motion for default judgment should be DENIED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 4/15/2014) (mcrd)
April 28, 2014
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ORDER: Having reviewed Petitioner's submission, file, and record in this case, and the 20 findings and conclusions of the magistrate judge, the court determines that the findings and conclusions of the magistrate judge are correct, accepts them as those of the court, and denies "Petitioner['s] Objection to Respondent's Motion for Extension of Time Default Judgment 55(b)(1)"(Doc. 19). (Ordered by Judge Sam A Lindsay on 4/28/2014) (ctf)
July 3, 2014
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FINDINGS, CONCLUSIONS AND RECOMMENDATION: The petitioner's 25 motion for default judgment should be DENIED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 7/3/2014) (axm)
August 18, 2014
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ely seek relief in state court could result in the dismissal of this action without further notice under authority of Federal Rule of Civil Procedure 41(b). The Court should retain jurisdiction to reopen the case upon notice that Petitioner failed to comply with any deadline or upon a motion filed within 30 days after the Texas Court of Criminal Appeals's issuance of a final ruling on Petitioner's state habeas corpus application. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 8/18/2014) (mcrd) Findings, Conclusions, and Recommendation: Petitioner's amended motion for stay and abeyance (doc. 33) should be GRANTED, and the federal habeas petition should be STAYED, pending Petitioner filing of any article 11.07 writ application with the Criminal District Court Number 7 of Dallas County, Texas, within 30 days of the filing of this order, and the Clerk of the Court should be directed to mark this action CLOSED for statistical purposes during the stay. Failure of Petitioner to tim
August 20, 2014
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Petitioner's 8/19/2014 45 Motion for Default Judgment should be DENIED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 8/20/2014) (tln)
October 7, 2014
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ORDER Accepting 42, 44, 46 Findings and Recommendations and Denying Certificate of Appealability. Accordingly, the court denies Petitioner's 25 Motion for Default Judgment 55(b)(1) Against Respondent; denies Petitioner's 45 Motion for Default Judgment [for] Fail[ure] to Comply [with] Rule 55(a), Fail[ure] to Plead Defense [to] Amended Proposed Claim, [and] Motion for Stay and Abeyance Ground #42254; grants Petitioner's Amended 33 Motion for Stay and Abeyance; and stays this case pending Petitioner's exhaustion of his state court remedies. Within 30 days after exhausting his state court remedies, Petitioner shall file a motion to lift the stay. (Ordered by Judge Sam A Lindsay on 10/7/2014) (skt)
July 6, 2015
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION: Before the Court are the petitioner's fourth Motion to Enter Default Judgment (doc. 61), and Motion to Sanction (doc. 62), both received on 7/2/2015. The petitioner seeks a default judgment based on the respondent's failure to respond to an order dated 1/6/2015 (doc. 50). The petitioner's motions should be DENIED. Respondent should be admonished that any future failures to comply with orders in this case may be grounds for sanctions. (Recommended by Magistrate Judge Irma Carrillo Ramirez on 7/6/2015) (ctf)
September 22, 2015
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Order Accepting 63 Findings and Recommendation of the United States Magistrate Judge. Accordingly, the Court denies Petitioner's 61 Motion to Enter Default Judgment against Respondent for Failure to Comply with the Court Order; denies Petitioner's 62 Motion for Sanctions against Respondent for Failure to Answer; and recommits this case to the magistrate judge. (Ordered by Judge Sam A Lindsay on 9/22/2015) (axm)
October 27, 2015
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Findings, Conclusions, and Recommendation: The petition for habeas corpus relief under § 2254 should be DENIED with prejudice. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 10/27/2015) (mcrd)
January 25, 2016
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ORDER: After carefully reviewing the pleadings, file, record in this case, Report, objections, and conducting a de novo review of those portions of the Report to which objection was made, the court determines that the 69 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court overrules Petitioner's objections, denies the Amended Petition (Doc. 51), and dismisses with prejudice this action. Further, the court denies Petitioner's request for a hearing and certificate of appealability. (Ordered by Judge Sam A Lindsay on 1/25/2016) (bdb)
October 6, 2016
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clusions, and Recommendation, and the judgment in that new case; and (6) and without further judicial action, immediately TRANSFER the newly opened § 2254 action to the United States Court of Appeals for the Fifth Circuit. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 10/6/2016) (mcrd) Findings, Conclusions, and Recommendation: Petitioner's Interjection of New Discovered Evidence Not Obtained by Counsel Appointed That Was Available to Support Ground #1 Ineffective of Assistance Counsel (doc. 78) should be CONSTRUED as a successive petition under 28 U.S.C. § 2254 and TRANSFERRED to the United States Court of Appeals for the Fifth Circuit pursuant to Henderson v. Haro, 282 F.3d 862, 864 (5th Cir. 2002) and In re Epps, 127 F.3d 364, 365 (5th Cir. 1997). The Clerk of the Court should be DIRECTED to (1) terminate the post-judgment motion in this habeas case; (2) open a new habeas case for administrative purposes only; (3) file the post-judgment motion as a § 2254 petition filed 9/30/2016, in that new case; (4) directly assign the new case to the same District Judge and Magistrate Judge as in this case; (5) file a copy of the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and the order accepting those Findings, Con
October 31, 2016
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Order Adopting 79 Findings and Recommendations of the United States Magistrate Judge. Habeas corpus petition is successive, and the clerk is directed to transfer the matter to the Fifth Circuit Court of Appeals. (Fifth Circuit notified via copy of the Notice of Electronic Filing.) (Ordered by Judge Sam A Lindsay on 10/31/2016) (epm)