Wooten v. Director, TDCJ-CID
| Chris Wooten |
| Director, TDCJ-CID |
| 1:2020cv00124 |
| June 2, 2020 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 7
JUDGMENT. For the reasons stated in the Court's order entered today, it is ordered, adjudged, and decreed that this petition for writ of habeas corpus is dismissed for lack of jurisdiction. (Ordered by Judge James Wesley Hendrix on 6/18/2020) (jmc)
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Filing 6
ORDER. Petitioner Chris Wooten, proceeding pro se, filed a form petition for writ of habeas corpus under 28 U.S.C. 2254. The Court finds that Petitioner's first three claims are not cognizable in a petition for writ of habeas corpus, but the Court will sever and transfer them to the Southern District of Texas for possible consideration as civil-rights claims. Petitioner's fourth claim will be dismissed as premature. The Court, therefore, orders: Petitioner is granted leave to proceed in forma pauperis for purposes of this habeas action under further order. Petitioner's motion for appointment of counsel is denied as moot, without prejudice to his seeking relief from the Southern District Court. Petitioner's first three grounds for relief are construed as civil-rights claims that should be entertained in a separate complaint under 42 U.S.C. 1983. The Clerk is directed to open a new civil action by filing a copy of the petition #1 and a copy of this Order. Then, the Clerk is directed to transfer the new civil-rights action to the Houston Division of the Southern District of Texas. The remaining habeas petition is dismissed for lack of subject matter jurisdiction. Any request for a certificate of appealability is denied. The Court will enter judgment accordingly. (Clerk's Note: New Case No. 1:20-CV-137-H. (Ordered by Judge James Wesley Hendrix on 6/18/2020) (jmc) Modified on 6/18/2020 (jmc).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6, 7. Thu Jun 18 16:04:41 CDT 2020 (crt) |
| Filing 5 MOTION to Appoint Counsel filed by Chris Wooten. (jmc) |
| Filing 4 Notice and Instruction to Pro Se Party. (jmc) |
| Filing 3 New Case Notes: A filing fee has not been paid. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) (jmc) |
| Filing 2 Motion to Use #1:20-cv-0001 "InForma Pauperis" with "Inmate Trust Fund Statement" filed by Chris Wooten. (jmc) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Chris Wooten. **(Clerk's Note: Page 4, 5 and 9 were not included in the filing.)** Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (jmc) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Tue Jun 2 11:55:00 CDT 2020 (crt) |
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