Williams v. Director, TDCJ-CID
| Marcus Dewayne Williams |
| Director, TDCJ-CID |
| 3:2021cv01300 |
| June 7, 2021 |
| US District Court for the Northern District of Texas |
| David L Horan |
| Karen Gren Scholer |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 18
JUDGMENT: It is ORDERED that Petitioner's request to stay and abate this proceeding is denied and his application for a writ of habeas corpus is DISMISSED udner Rule 4 of the Rules Geverning Section 2254 Cases without prejudice to Petitioner's right to fully and properly exhaust state remedies. (Ordered by Judge Karen Gren Scholer on 7/6/2021) (jmg)
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Filing 17
Order Accepting #16 Findings and Recommendations and Denying Certificate of Appealability. (Ordered by Judge Karen Gren Scholer on 7/6/2021) (jmg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:17, 18. Tue Jul 6 12:22:59 CDT 2021 (crt) |
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Filing 16
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should deny any request made by Petitioner Marcus Dewayne Williams to stay and abate this proceeding and then dismiss his application for a writ of habeas corpus under Rule 4 of the Rules Governing Section 2254 Cases without prejudice to Williams's right to fully and properly exhaust state remedies. The Court should further direct that the Clerk of Court serve any order accepting or adopting this recommendation on the Texas Attorney General. The Clerk of Court is DIRECTED to serve electronically a copy of this recommendation and the petition, along with any attachments thereto and brief in support thereof, on the Texas Attorney General as counsel for Respondent, directed to the attention of Edward L. Marshall, Chief, Criminal Appeals Division, Texas Attorney General's Office. See RULE 4, RULES GOVERNING SECTION 2254 CASES IN THE UNITED STATES DISTRICT COURTS. A copy of these findings, conclusions, and recommendation shall be served on all parties in the manner provided by law. Any party who objects to any part of these findings, conclusions, and recommendation must file specific written objections within 14 days after being served with a copy. (Ordered by Magistrate Judge David L. Horan on 6/9/2021) (ndt) Modified on 6/10/2021 (mcrd).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:16. Also mailed to TAG. Wed Jun 9 14:36:51 CDT 2021 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:14,15. NEF of document 13 Tue Jun 8 09:42:38 CDT 2021 (crt) |
| Filing 15 Notice and Instruction to Pro Se Party. (axm) |
| Filing 14 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Case received over counter/electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (axm) |
| Filing 13 Case electronically transferred in from District of Texas Eastern; Case Number 6:21-cv-00051. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. Modified filed date on 6/8/2021 (axm). |
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Filing 12
ORDER OF TRANSFER re #11 Amended Complaint filed by Marcus Dewayne Williams, #1 Petition for Writ of Habeas Corpus filed by Marcus Dewayne Williams. ORDERED that the petition is TRANSFERRED to the Northern District of Texas, Dallas Division. Signed by Magistrate Judge John D. Love on 6/4/2021. (gsg) [Transferred from Texas Eastern on 6/8/2021.]
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| Interdistrict transfer to the Northern District of Texas Dallas Division. (gsg) [Transferred from Texas Eastern on 6/8/2021.] |
| Filing 11 AMENDED COMPLAINT against Director, TDCJ-CID, filed by Marcus Dewayne Williams.(gsg) [Transferred from Texas Eastern on 6/8/2021.] |
| Filing 10 ACKNOWLEDGMENT OF RECEIPT by Marcus Dewayne Williams as to #9 Order. Received 5/13/2021. (ndc) [Transferred from Texas Eastern on 6/8/2021.] |
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Filing 9
ORDER TO AMEND. Petitioner's motion for leave to proceed in forma pauperis #2 is GRANTED. In light of this order, the undersigned's Report and Recommendation, #6 is WITHDRAWN. Petitioner has 30 days from receipt of this order to file an amended section 2254 habeas petition on the requisite form. Signed by Magistrate Judge John D. Love on 04/30/21. (mll, ) [Transferred from Texas Eastern on 6/8/2021.]
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| Filing 8 OBJECTION to #6 Report and Recommendations by Marcus Dewayne Williams. (mll, ) [Transferred from Texas Eastern on 6/8/2021.] |
| Filing 7 ACKNOWLEDGMENT OF RECEIPT by Marcus Dewayne Williams as to #6 Report and Recommendations. Received 4/1/2021. (ndc) [Transferred from Texas Eastern on 6/8/2021.] |
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Filing 6
***WITHDRAWN PER #9 ORDER*** REPORT AND RECOMMENDATIONS re #1 Petition for Writ of Habeas Corpus filed by Marcus Dewayne Williams. It is recommended that the above-styled habeas corpus action be dismissed, without prejudice, for Petitioners failure to comply with an order of the Court. Signed by Magistrate Judge John D. Love on 3/22/2021. (gsg) Modified on 4/30/2021 (mll, ). [Transferred from Texas Eastern on 6/8/2021.]
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Filing 4
ORDER denying #2 Motion for Leave to Proceed in forma pauperis. ORDERED that the Petitioner has thirty days from the receipt of this order to pay the filing fee of $5. Signed by Magistrate Judge John D. Love on 2/2/2021. (gsg) [Transferred from Texas Eastern on 6/8/2021.]
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| Filing 3 CASE REFERRED to Magistrate Judge John D Love. (mll, ) [Transferred from Texas Eastern on 6/8/2021.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Marcus Dewayne Williams. (mll, ) [Transferred from Texas Eastern on 6/8/2021.] |
| Filing 1 Motion for Proceedings to be Held in Abeyance/PETITION for Writ of Habeas Corpus, filed by Marcus Dewayne Williams.(mll, ) [Transferred from Texas Eastern on 6/8/2021.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. ***MAILED Consent Form to petitioner. (mll, ) [Transferred from Texas Eastern on 6/8/2021.] |
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| Respondent: Director, TDCJ-CID | |
| Represented By: | Edward L Marshall |
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| Petitioner: Marcus Dewayne Williams | |
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