Howse v. Perry, Warden
| Rev. Curley Howse |
| Grady Perry, Warden |
| 3:2022cv00105 |
| February 16, 2022 |
| US District Court for the Middle District of Tennessee |
| Eli J Richardson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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This docket was last retrieved on May 18, 2022. A more recent docket listing may be available from PACER.
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Filing 11
MEMORANDUM OPINION AND ORDER TO SHOW CAUSE: The motion to amend and clarify (Doc. No. #7 ) is GRANTED, and the Court will conduct a preliminary review of Petitioner's motions (Doc. Nos. #7 , #8 ) and the two original grounds for relief. The Court will allow Petitioner an opportunity to respond to the Courts analysis. To avoid dismissal of this action, Petitioner MUST SHOW CAUSE in writing why the Petition should not be dismissed for the reasons explained above. Petitioner's response MUST be received in this Court within 30 DAYS of the date this Order is entered on the docket, and it must include the assigned case number, 3:22-cv-00105. Signed by District Judge Eli J. Richardson on 4/7/2022. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 10
RECEIPT #34675065400 in the amount of $5.00 re #1 Petition for Writ of Habeas Corpus received from Curely Howse. (bs)
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Filing 9
NOTICE of Filing PRO SE REQUEST THE COURT NOTIFY SCCA/CCA/TDOC by Curley Howse (bs)
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Filing 8
MOTION THE COURT GRANT SECOND PLEA FOR EMERGENCY HEARING AND COURT APPT. COUNSEL FOR PRO SE DEFENSE by Curley Howse. (bs)
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Filing 7
PETITIONER MOTION TO AMEND TO CLARIFY #1 Petition for Writ of Habeas Corpus by Curley Howse. (bs)
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Filing 6
ORDER: Petitioner Curley Howse, a pro se state prisoner, filed a petition for a writ of habeas corpus challenging his sentence. (Doc. Nos. #1 , 1-1, collectively, Petition.) Petitioner also filed a motion for an emergency hearing, the appointment of counsel, and immediate release. (Doc. No. #2 .) Petitioner, however, has not resolved the $5.00 filing fee, and the Petition may benefit from clarification by Petitioner. Therefore, for this action to proceed, Petition must comply with the instructions at the end of the Order. The pending motion will be held in abeyance pending resolution of the filing fee and preliminary review. See Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts (Habeas Rules) (providing that courts must summarily dismiss a habeas petition [i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief). If Petitioner intends to challenge an action other than the two actions identified by the Court, or if Petitioner would like to otherwise clarify the Petition in any way, Petitioner may file an amended petition. For Petitioners optional use, the Clerk is DIRECTED to mail Petitioner a blank Petition Under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody (AO 241). The Clerk is DIRECTED to mail Petitioner a blank application to proceed as a pauper (short form). To proceed in this action, Petitioner MUST either pay the $5.00 filing fee or submit an application to proceed as a pauper. Petitioner also MAY file an amended petition, but he is not required to do so. Petitioner's submissions MUST be filed within 30 DAYS of the date this Order is entered on the docket, and must include the assigned case number, No. 3:22-cv-00105. Petitioner may request more time to comply before the deadline expires, if necessary. Signed by District Judge Eli J. Richardson on 2/23/2022. (xc:Pro se party by regular mail, AO 241, blank application to proceed as a pauper (short form) included.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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TN State Bar status verified as active for Nicholas S. Bolduc admitted to this court. (bs)
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Filing 5
NOTICE of Appearance by Nicholas S. Bolduc on behalf of Grady Perry, Warden (Bolduc, Nicholas)
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Filing 4
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (bs)
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Filing 3
NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (bs)
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Filing 2
MOTION REQUESTING AN EMERGENCY HEARING by Curley Howse. (bs)
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Filing 1
PETITION for Writ of Habeas Corpus 28 U.S.C. 2241 (Filing fee $ 0 - Fee not paid.), filed by Rev. Curley Howse (Attachments: #1 Letter to Comm. Tony Parker)(bs)
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Notice mailed to pro se party regarding filing of new case. (docket sheet & certificate of service form included) (bs)
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| Petitioner: Rev. Curley Howse | |
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| Respondent: Grady Perry, Warden | |
| Represented By: | Nicholas S. Bolduc |
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