Mason v. State of Texas
| Deondray Raymond Mason |
| State of Texas |
| 3:2023cv01636 |
| July 21, 2023 |
| US District Court for the Northern District of Texas |
| Sidney A Fitzwater |
| Renee Harris Toliver |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 10
SECOND NOTICE OF DEFICIENCY AND ORDER: Petitioner Deondray Raymond Mason must address the following deficiency: Although Petitioner filed a motion to proceed in forma pauperis, as previously ordered, he has yet to file a certificate of inmate trust account and a 28 U.S.C. 2254 habeas corpus petition. SeeDoc. 4. In the interest of justice, the Court extends the time to comply with the Court's deficiency order. Accordingly, Petitioner is ORDERED to file (1) a certificate of inmate trust account and (2) a petition on the form used in this Court for actions filed under 28 U.S.C. 2254 by October 5, 2023. Failure to do so may result in the dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b).The Clerk of the Court is directed to provide to Petitioner, with service of this Order, a form petition for writ of habeas corpus under 28 U.S.C. 2254. (Ordered by Magistrate Judge Renee Harris Toliver on 9/6/2023) (chmb)
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Filing 9
ELECTRONIC ORDER: denying as premature and conclusory #6 Petitioner's Motion to Appoint Counsel, Motion for Temporary Release or Bench Warrant, and Motion for Summons. Judicial screening of this case is ongoing. See Rule 4 of the Rules Governing Section 2254 habeas cases. A petitioner is not entitled to counsel in a federal habeas corpus proceeding challenging his conviction. In the event an evidentiary hearing will be necessary to resolve the claims raised in the 28 U.S.C. 2254 petition, the Court will appoint counsel. Petitioner has also failed to file a legally sufficient motion for release pending determination of his habeas petition. See Calley v. Callaway, 496 F.2d 701, 702 (5th Cir. 1974) (per curiam) (to obtain release pending review of his habeas petition, a petitioner must show that he is raising substantial constitutional claims upon which he has a high probability of success, and that extraordinary or exceptional circumstances exist which make the grant of bail necessary to make the habeas remedy effective); see also Nelson v. Davis, 739 F. Appx 254 (5th Cir. 2018) (per curiam) (applying Calley standard to denial of bail pending determination of a state prisoners 2254 petition) (Ordered by Magistrate Judge Renee Harris Toliver on 9/6/2023) (chmb)
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Filing 8
ELECTRONIC NOTICE OF JUDICIAL SCREENING AND STANDING ORDER. Judicial screening of this case is pending. See Rule 4 of the Rules Governing Section 2254 habeas cases. The Court will order Respondent to file an answer, if necessary, after screening is complete. It is therefore ORDERED that (1) no motions for appointment of counsel shall be filed until the Court has completed the screening process, (2) all discovery in this case is stayed until Respondent is ordered to file an answer or until further order of the court, (3) no amendments or supplements to the habeas corpus petition shall be filed without prior Court approval, and (4) any motion to amend the habeas petition must be accompanied by a complete proposed amended petition on the required form. It is further ORDERED that Petitioner must promptly notify the Court in writing of any change of address by filing a written Notice of Change of Address with the Clerk of the Court. Failure to provide updated address information may result in the dismissal of the case for failure to prosecute or follow court order under Fed. R. Civ. 41(b). (Ordered by Magistrate Judge Renee Harris Toliver on 9/6/2023) (chmb)
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Filing 7
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Petitioner Deondray Raymond Mason has failed to provide specific facts in an affidavit or a verified complaint or petition that clearly show that immediate and irreparable injury, loss, or damage will result. In addition, he has not certified in writing any efforts made to give notice to the Respondent and the reasons why notice should not be required before a temporary restraining order is issued. Thus, having failed to comply with the legal requirements of Rule 65(b)(1), his #6 request for a temporary protective order should be DENIED. (Ordered by Magistrate Judge Renee Harris Toliver on 8/28/2023) (twd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Mon Aug 28 16:42:17 CDT 2023 (crt)
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Filing 6
MOTION to Appoint Counsel, MOTION Temporary Release, Temporary Restraining Order, Injunction, and Summons filed by Deondray Raymond Mason. (cfk)
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Filing 5
MOTION for Leave to Proceed in forma pauperis filed by Deondray Raymond Mason. (cfk)
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Filing 4
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Petitioner Deondray Raymond Mason must address the following deficiency: It appears Petitioner seeks relief under 28 U.S.C. 2254, but did not file his petition for writ of habeas corpus on the court-approved form. See N.D. TEX. L.R. 5.4 and MISC. ORD. 13 (requiring inmates to file petitions for writ of habeas corpus on the court-approved form). Nor did he pay the required $5.00 filing fee or file a proper request to proceed in forma pauperis along with a certified statement of the balance in Petitioners inmate trust account. See 28 U.S.C. 1915(a)(2); N.D. TEX. MISC. ORD. 14 (requiring inmates to file motions to proceed in forma pauperis on the court-approved form). Therefore, by August 24, 2023, Petitioner is ORDERED to (1) complete and file a petition on the form used in this Court for actions filed under 28 U.S.C. 2254, and (2) pay the $5.00 filing fee or file an application to proceed in forma pauperis with the required certificate of inmate trust account. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(b). Forms necessary to comply with this order are available in the law library of the prison unit in which Petitioner is confined. (Ordered by Magistrate Judge Renee Harris Toliver on 7/25/2023) (chmb) Modified on 7/25/2023 (chmb).
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***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Tue Jul 25 16:11:52 CDT 2023 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Mon Jul 24 14:55:27 CDT 2023 (crt)
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Filing 3
PETITION for Writ of Habeas Corpus filed by Deondray Raymond Mason. 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. (agc)
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Filing 2
Notice and Instruction to Pro Se Party. (agc)
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Filing 1
New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Initiating documents received by mail. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (agc)
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