Minnfee v. Stephens
MEMORANDUM OPINION AND ORDER dismissing without prejudice 1 Petition for Writ of Habeas Corpus, granting 2 APPLICATION to Proceed In Forma Pauperis. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BARRY DWAYNE MINNFEE,
TDCJ NO. 1300468,
WILLIAM STEPHENS, Director,
Texas Department of Criminal
CIVIL ACTION NO. H-14-2837
MEMORANDUM OPINION AND ORDER
Barry Dwayne Minnfee,
a TDCJ inmate,
filed a Petition for a
Writ of Habeas Corpus By a Person in State Custody challenging the
validity of his incarceration pursuant to a state felony conviction
(Docket Entry No.1).
State v. Minnfee, No. 49,678-D (320th Dist.
Ct., Potter County, Tex., May 2, 2005).
Minnfee has already filed
habeas petition in which the State's Office of
General has been ordered to file a response.
No. H-14-2304 (S.D. Tex. filed Aug. 11, 2014).
Minnfee v. Stephens,
The petitions filed
in each action challenge the same state court conviction and raise
the same issues.
Minnfee cannot present the same claims twice.
2244 (b) (1)
see also United· States v.
175, 178 (5th Cir. 1994).
Minnfee's right to seek relief in Civil Action No. H-14-2304.
The Application to Proceed In Forma Pauperis
No.2) is GRANTED.
The Clerk will provide a copy of this Memorandum Opinion and
Order dismissing this action to the petitioner, and will provide a
copy of the Petition and this Memorandum Opinion and Order to the
respondent and the attorney general by providing one copy to the
Attorney General of the State of Texas.
SIGNED at Houston, Texas, on this 17th day of November, 2014 .
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?