Murphy v. Garcia et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MARQUIS VALANTEE TATE,
(TDCJ #2199238)
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Petitioner,
vs. 	CIVIL ACTION NO. H-26-2364
ERIC GUERRERO,
Respondent.
MEMORANDUM OPINION AND ORDER
Petitioner Marquis Valantee Tate, proceeding pro se, has filed a petition for
writ of habeas corpus under 28 U.S.C. § 2254, challenging his 2018 Harris County
convictions and sentences for seven counts of aggravated sexual assault. (Dkt. 1).
Tate has a long history of filing frivolous civil actions and successive petitions
for writ of habeas corpus in the Southern District of Texas. As a result, on April 27,
2023, the court entered a Preclusion Order against him, barring him from filing any
new civil actions, including habeas corpus petitions, without first obtaining written
permission in advance from a judge of the United States District Court for the
Southern District of Texas. See Tate v. Lumpkin, 4:23-mc-687 (S.D. Tex. Apr. 28,
2023).
Despite notice of the terms of the Preclusion Order, Tate has not obtained
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United States District Court
Southern District of Texas
ENTERED
March 27, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-02309 Document 6 Filed 03/26/26 in TXSD Page 1 of 2

permission to file this successive petition. 	Accordingly, the Court ORDERS as
follows:
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1. Marquis Valantee Tate's petition for writ of habeas corpus, (Dkt. 	1), is
DISMISSED without prejudice as barred by the Preclusion Order entered in
the Southern District of Texas.
2. A certificate of appealability will not be issued.
The Clerk will provide a copy of this Order to the petitioner.
SIGNED at Houston, Texas, on--~--------"--=~..;;_"'----'&....----'' 2026.
DAVID HITTNER
UNITED STATES DISTRICT JUDGE
Case 4:26-cv-02309 Document 6 Filed 03/26/26 in TXSD Page 2 of 2