Marx v. Bailey

Filing 6

MEMORANDUM ON DISMISSAL. Granting Motion to Proceed in forma pauperis. All remaining pending motions are DENIED as MOOT. (Signed by Judge Vanessa D Gilmore) Parties notified. (wbostic, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JEFFERY MARX,
(TDCJ-CID #716623)

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Petitioner,

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vs.

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WILLIAM STEPHENS,
Respondent.

CIVIL ACTION H-14-2889

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MEMORANDUM ON DISMISSAL

On October 8, 2014, Jeffery Marx filed a petition for federal habeas corpus relief, Civil
Action Number 4:14-2868. On October 9, 2014, this court transferred that petition to the Western
District of Texas, Austin Division.
On October 10, 2014, Marx filed a letter inquiring about the status of his previously-filed
petition. The letter was construed as a petition for a writ of habeas corpus and docketed as a second
petition for a writ of habeas corpus under 28 U .S.c. § 2254, and assigned Civil Action Number 4: 142889. It appears that Marx intended to inquire about pleadings in Civil Action Number 4: 14-2868,
not file a second petition.
This civil action filed by Jeffery Marx (TDCJ-CID #716623) is DISMISSED without
prejudice as improvidently filed. Marx's motion to proceed in forma pauperis, (Docket Entry No.
2), is GRANTED. Any remaining pending motions are DENIED as moot.

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101

wpd

The Clerk is directed to file a copy of the petition, (Docket Entry No.1), from the instant
case, and docket that pleading as a supplemental pleading in Civil Action Number 4: 14-2868.
SIGNED at Houston, Texas, on

J6-- W

,2014.

VA~
UNITED STATES DISTRICT JUDGE

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