Williams v. Warden of Bennettsville FCI
| Marshall DeWayne Williams |
| Warden of Bennettsville FCI |
| 5:2024cv00585 |
| February 5, 2024 |
| US District Court for the District of South Carolina |
| Donald C Coggins |
| Kaymani D West |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.
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| Filing 18 MOTION for Hearing Pursuant to Rule 201(d) and (3), MOTION for Judicial Notice (Response to Motion due by 4/3/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.) by Marshall DeWayne Williams. (Attachments: #1 Supporting Documents, #2 Envelope)No proposed order.Motions referred to Kaymani D West.(dsto, ) |
| Filing 17 CERTIFIED MAIL RECEIPT re #9 Order 2241 Federal Habeas, served on Attorney General on 3/01/2024. (dsto, ) |
| Filing 16 ***DOCUMENT MAILED 15 TEXTY Order on Motion to Appoint Counsel, placed in U.S. Mail from Florence Clerks Office to Marshall DeWaynbe Williams, #14130-077, FCI Bennettsville, PO Box 52020, Bennettsville, SC, 29512 (dsto, ) |
Filing 15
TEXT ORDER: On March 13, 2024, Petitioner filed a Motion for Appointment of Counsel. ECF No. #14 . Petitioner states despite the court's Order indicating Respondent had 50 days from the date of service, Respondent has yet to respond. Petitioner indicates his belief that Respondent will wait until close to the deadline to file a response and ask for an extension, thereby failing to act in the furtherance of justice. See ECF No. #14 . As an initial matter, the court acknowledges the need for the expeditious handling of matters brought before the court. The order to which Petitioner refers, provides Respondent 50 days from the date of service to respond. Respondent's deadline has not yet passed and there is no indication that Respondent intends to seek an extension of time to respond. As to whether the appointment of counsel is warranted in this case at this stage of litigation, although the court has discretion to appoint counsel for an indigent in a civil action, 28 U.S.C. 1915(e)(1); Smith v. Blackledge, 451 F.2d 1201 (4th Cir. 1971), such appointment "should be allowed only in exceptional cases." Cook v. Bounds, 518 F.2d 779, 780 (4th Cir. 1975). The existence of exceptional circumstances "will turn on the quality of two basic factors - the type and complexity of the case, and the abilities of the individuals bringing it." Brock v. City of Richmond, 983 F.2d 1055 (4th Cir. 1993) (unpublished table decision) (quoting Whisenant v. Yaum, 739 F.2d 160, 163 (4th Cir. 1984)). The court has reviewed the allegations in the Petition and does not find this is an exceptional case warranting appointment of counsel at this time. Petitioner's Motion, ECF No. #14 , is denied. Signed by Magistrate Judge Kaymani D West on 03/15/2024.(dsto, )
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| Filing 14 EMERGENCY MOTION for Appointment of Counsel by Marshall DeWayne Williams. Response to Motion due by 3/27/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) |
| Filing 12 ***DOCUMENT MAILED: #9 Order 2241 Federal Habeas, placed in U.S. Mail via certified mail (article #7018 1830 0001 8537 1856) from Florence Clerk's Office to Attorney General of the US, Dept. of Justice, Room B-103, 950 Pennsylvania Avenue, Washington, DC 20530-001. (prou, ) |
| Filing 11 ***DOCUMENTS MAILED: 10 Order on Motion for Leave to Proceed in forma pauperis, #9 Order 2241 Federal Habeas w/NEF, placed in U.S. Mail from Florence Clerk's Office to Marshall DeWayne Williams, #14130-077, FCI Bennettsville, PO Box 52020, Bennettsville, SC 29512. (prou, ) |
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Filing 10
ORDER granting #2 Motion for Leave to Proceed in forma pauperis per #9 Order. Signed by Magistrate Judge Kaymani D West on 2/23/2024.(prou, )
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Filing 9
ORDER authorizing service of process by clerk. Directing petitioner to notify the clerk in writing of any change of address. Signed by Magistrate Judge Kaymani D West on 2/23/2024. (Attachments: #1 Petition)(prou, )
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| Filing 3 TRUE DIVISION FOR TRIAL: Florence. (prou, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Marshall DeWayne Williams. Response to Motion due by 2/20/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Document, #2 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Marshall DeWayne Williams. (Attachments: #1 Supporting Documents, #2 Envelope)(prou, ) |
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| Petitioner: Marshall DeWayne Williams | |
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| Respondent: Warden of Bennettsville FCI | |
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