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16-3281 - Whaley v. Court of Criminal Appeals of Texas et al


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16-3281 - Whaley v. Court of Criminal Appeals of Texas et al
August 17, 2017
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Findings, Conclusions, and Recommendation: The Court should DISMISS with prejudice the claim against Brook A. Busbee as frivolous under 28 U.S.C. § 1915A(b) and § 1915(e)(2)(B) and DISMISS the remaining claims with prejudice as frivolous under § 1915A(b) and § 1915(e)(2)(B) until the plaintiff satisfies the conditions in Heck v. Humphrey, 512 U.S. 477 (1994). It should also deny the motion for a bond. This dismissal will count as a "strike" or "prior occasion" within the meaning 28 U.S.C. § 1915(g). (Ordered by Magistrate Judge Irma Carrillo Ramirez on 8/17/2017) (mcrd)
September 5, 2017
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ORDER ACCEPTING 16 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The plaintiff's Motion for Personal Recognition Bond, received on 8/3/2017 (doc. 13), is DENIED. (Ordered by Senior Judge Sam R Cummings on 9/5/2017) (sss)
November 30, 2017
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Findings, Conclusions, and Recommendation re: the plaintiff's post-judgment 27 Emergency Injunction. The motion should be construed as seeking relief under Fed. R. Civ. P. 60(b) and DENIED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 11/30/2017) (mcrd)
December 19, 2017
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ORDER ACCEPTING 28 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The post-judgment motion (doc. 27) is construed as a motion under Rule 60(b) of the Federal Rules of Civil Procedure and is DENIED. (Ordered by Senior Judge Sam R Cummings on 12/19/2017) (axm)
January 17, 2018
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Findings, Conclusions, and Recommendation re: the plaintiff's post-judgment 31 Motion for Released [sic] on Parole. Based on the relevant filings and applicable law, the filing should be construed as a new habeas petition under 28 U.S.C. § 2254, opened as a new case, and administratively closed. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 1/17/2018) (mcrd)
January 19, 2018
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he United States Magistrate Judge, this order accepting the Findings, Conclusions, and Recommendation, and a copy of the Fifth Circuit's sanctions order in No. 11-10180; and (6) ADMINISTRATIVELY CLOSE the new case for failure to comply with the sanctions order. (Civil case 3:18-cv-00144-C opened) (Ordered by Senior Judge Sam R Cummings on 1/19/2018) (ykp) Modified text to include new case number on 2/15/2018 (axm).ORDER ACCEPTING 32 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Clerk of Court is DIRECTED to terminate the motion in this civil rights case; (2) open a new habeas case for administrative purposes only; (3) docket the motion in that new case as a§ 2254 petition filed 1/11/2018; (4) directly assign the new case to the same District Judge and Magistrate Judge as in this case; (5) file in the new case a copy of the Findings, Conclusions, and Recommendation of t
March 23, 2018
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The plaintiff's post-judgment motion (doc. 38) should be liberally construed as a Rule 60(b) motion in the habeas case, the Clerk of Court should be DIRECTED to terminate it in this civil rights case and docket it in the habeas case (3:18-CV-144-C), and the motion should then be DENIED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 3/23/2018) (rekc)
April 10, 2018
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Order Accepting 39 Findings and Recommendations on Motion re: 38 Motion for Miscellaneous Relief filed by Michael Dewayne Whaley. The post-judgment motion (doc. 38) is construed as a motion under Rule 60(b) of the Federal Rules of Civil Procedure, and the Clerk of Court is DIRECTED to terminate the motion in No. 3:16-CV-3281-C and docket it in No. 3:18-CV-144-C. The Rule 60(b) motion is DENIED. (Ordered by Senior Judge Sam R Cummings on 4/10/2018) (epm)