Payne v. United States of America
Petitioner: Edd Tawon Payne
Respondent: United States of America
Case Number: 4:2023cv03237
Filed: December 4, 2023
Court: US District Court for the District of Nebraska
Presiding Judge: Joseph F Bataillon
Referring Judge: Pro Se Docket
Nature of Suit: Habeas Corpus: General
Cause of Action: 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 29, 2024 Filing 13 PART 1 OF 2 - NOTICE of Change of Address on behalf of Petitioner Edd Tawon Payne. (LKO)
January 29, 2024 PART 2 OF 2 - MOTION to Compel on behalf of Petitioner Edd Tawon Payne. (LKO)
January 16, 2024 Opinion or Order Filing 12 MEMORANDUM AND ORDER - The deadline for Petitioner to (1) submit the $5.00 fee to the Clerk's office or submit a request to proceed in forma pauperis and (2) file an amended habeas petition in accordance with the Court's December 11, 2023, Memorandum and Order is extended to February 15, 2024. Failure to take any action by February 15, 2024, in accordance with the Court's December 11, 2023, Memorandum and Order will result in dismissal of this matter without further notice. The Clerk of the Court is directed to send to Petitioner a Form Pro Se 14 Complaint for Violation of Civil Rights (Prisoner) and a Form AO 240 Application to Proceed with Prepayment of Fees and Affidavit. The Clerk of the Court is directed to set a pro se case management deadline using the following text: February 15, 2024: Check for MIFP or payment and amended petition. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(LKO)
January 11, 2024 Filing 11 NOTICE of Change of Address on behalf of Petitioner Edd Tawon Payne. (LKO)
December 28, 2023 Filing 9 TEXT STRIKE ORDER that Pursuant to NEGenR 1.3(a)(4), the Mail Returned #6 is stricken for the following reason: document filed in incorrect case. Ordered by Deputy Clerk. (ADB)
December 28, 2023 Opinion or Order Filing 8 ORDER Plaintiff must update his address by January 29, 2024. Failure to do so will result in dismissal of this action without further notice to Plaintiff. The Clerk of the Court is directed to send a copy of this order to Plaintiff at his last known address and to the following address: Edd Tawon Payne, 23195-009USP LeavenworthU.S. PenitentiaryP.O. Box 1000Leavenworth, KS 66048The Clerk of the Court is directed to set a pro se case management deadline in this case using the following text: January 29, 2024: check for address. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party as directed) (LRM)
December 27, 2023 Filing 10 Mail Returned as Undeliverable addressed to Edd Tawon Payne at Dawson County Corrections regarding Notice by Clerk (Pro Se Case) #4 (and complaint form and IFP form). Mail NOT RE-MAILED: inmate not at facility. (ADB)
December 27, 2023 Filing 7 Mail Returned as Undeliverable addressed to Edd Tawon Payne at Dawson County Corrections regarding Order #5 (and 2241 Petition form and IFP form). Mail NOT RE-MAILED: inmate not at facility. (ADB)
December 27, 2023 Filing 6 STRICKEN - Mail Returned as Undeliverable addressed to Edd Tawon Payne at Dawson County Corrections regarding Notice by Clerk (Pro Se Case) #4 (and complaint form and IFP form). Mail NOT RE-MAILED: inmate not at facility. (ADB) Modified on 12/28/2023 to strike per order 9 (ADB).
December 11, 2023 Opinion or Order Filing 5 MEMORANDUM AND ORDER Petitioner's motion for appointment of counsel, Filing No. #2 , is denied without prejudice to reassertion. Petitioner is directed to submit the $5.00 fee to the Clerk's office or submit a request to proceed in forma pauperis by January 10, 2024. Failure to take either action will result in dismissal of this matter without further notice. The pending petition, Filing No. #1 , is deemed insufficient and the Court will not act upon it. By January 10, 2024, Petitioner shall file an amended petition for writ of habeas corpus that is originally signed under penalty of perjury. Petitioner is encouraged to use the enclosed official Form AO 242. To avoid confusion, any document Petitioner sends to the Clerk of the Court for filing in this case must clearly display the case number (4:23CV3237). Failure to file an amended petition in accordance with this Memorandum and Order will result in dismissal of this matter without further notice. The Clerk of the Court is directed to send to Petitioner the Form AO 240 ("Application to Proceed Without Prepayment of Fees and Affidavit") and the Form AO 242 Petition for Writ of Habeas Corpus Under 28 U.S.C. 2241. The Clerk of the Court is directed to set a pro se case management deadline in this matter with the following text: January 10, 2024: Check for MIFP or payment and amended petition. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party with forms) (LRM)
December 5, 2023 Filing 4 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (LRM)
December 4, 2023 Filing 3 LETTER requesting forms on behalf of Petitioner Edd Tawon Payne. (1983 and IFP forms mailed to petitioner as requested) (LRM)
December 4, 2023 Filing 2 MOTION to Appoint Counsel on behalf of Petitioner Edd Tawon Payne. (LRM)
December 4, 2023 Filing 1 PETITION for Writ of Habeas Corpus on behalf of petitioner Edd Tawon Payne. (LRM)

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Petitioner: Edd Tawon Payne
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Respondent: United States of America
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