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16-275 - Joe v. Fitzsimmons


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16-275 - Joe v. Fitzsimmons
March 17, 2016
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Findings, Conclusions, and Recommendation: The Clerk of Court should be directed to substitute William Stephens for Gary Fitzsimmons as the proper respondent. The petition for writ of habeas corpus under 28 U.S.C. ยง 2254 should be DISMISSED for lack of subject matter jurisdiction as to Cause No. F0049647, and it should be DISMISSED as duplicative as to Cause Nos. F01-21550 and F01-21548. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 3/17/2016) (mcrd)
April 20, 2016
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ORDER: The court determines that the 6 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court directs the clerk to substitute William Stephens for Gary Fitzsimmons as the proper respondent in this case; (2) dismisses without prejudice for lack of subject matter jurisdiction Petitioner's amended habeas petition as to Cause No. F0049647; and (3) dismisses without prejudice as duplicative Petitioner's amended habeas petition as to Cause Nos. F01-21550 and F01-21548. The court denies a certificate of appealability. (Ordered by Judge Sam A Lindsay on 4/20/2016) (sss)
May 6, 2016
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MEMORANDUM OPINION AND ORDER: On 5/2/2016, the court received Petitioner's "Declaration of a (State) Constitution Violation of Double Jeopardy" ("Declaration") (Doc. 14). As Petitioner is proceeding pro se, the court construes his Declaration liberally as a Motion for Reconsideration Under Rule 59(e) of the Federal Rules of Civil Procedure1 ("Rule 59(e) Motion" or Motion). Accordingly, the court denies Petitioner's Rule 59(e) Motion. (Ordered by Judge Sam A Lindsay on 5/6/2016) (ndt) Modified text on 5/9/2016 (ran).