Washington v. Waybourn
| Mark Washington |
| State of Texas and Bill Waybourn |
| 4:2021cv01339 |
| December 10, 2021 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on February 2, 2022. A more recent docket listing may be available from PACER.
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| Filing 34 Form Request by Mark Washington with Deputy Clerk Response. (2 blank IFP forms mailed to petitioner). (sre) |
Filing 33
ORDER DENYING APPOINTMENT OF COUNSEL: The second motion #32 of Mark Washington for appointment of counsel is DENIED. Movant does not have a constitutional right to the appointment of counsel, Pennsylvania v. Finley, 481 U.S. 551, 555 (1987), and he has not demonstrated that the interests of justice require such an appointment. 18 U.S.C. 3006A(a)(2)(B). And, in any event, the petition has been dismissed. (Ordered by Judge Reed C. O'Connor on 1/28/2022) (sre)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:33. Fri Jan 28 15:06:11 CST 2022 (crt) |
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Filing 31
FINAL JUDGMENT: Consistent with the order dismissing petition for writ of habeas corpus signed this date #30 , The petition filed by Mark Washington is DISMISSED AS PREMATURE. (Ordered by Judge Reed C. O'Connor on 1/25/2022) (sre)
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Filing 30
ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS: The petition in this case is DISMISSED AS PREMATURE. Further, pursuant to 28 U.S.C. 2253(c), for the reasons discussed in the order, a certificate of appealability is DENIED. (Ordered by Judge Reed C. O'Connor on 1/25/2022) (sre)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:30,31. Tue Jan 25 11:21:58 CST 2022 (crt) |
| Filing 32 Second MOTION to Appoint Counsel filed by Mark Washington. (sre) |
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Filing 29
ORDER DENYING MOTION FOR RECONSIDERATION: Petitioner, Mark Washington, seeks reconsideration of his motion for appointment of counsel #22 . Having considered the motion, the record, and applicable authorities, the Court is not persuaded that the motion should be granted. Petitioners motion for reconsideration is DENIED. (Ordered by Judge Reed C. O'Connor on 1/24/2022) (sre)
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| Filing 28 Duplicate Filing of re: Brief In Support of Writ of Habeas Corpus re: 20 Amended Complaint filed by Mark Washington. (Appears to be similar to previously filed duplicate filings #7 , #11 , #14 , #16 , #21 , #24 , #26 ) filed by Mark Washington. (Docketed as correspondence per #8 ). (sre) |
| Filing 27 Duplicate Filing of re: #20 , #23 , #25 Amended Complaint filed by Mark Washington. (sre) |
| Filing 26 Duplicate Filing of Brief In Support of Writ of Habeas Corpus re: 20 Amended Complaint filed by Mark Washington. (Appears to be similar to previously filed duplicate filings #7 , #11 , #14 , #16 , #21 , #24 ) filed by Mark Washington. (Docketed as correspondence per #8 ). (sre) |
| Filing 25 Duplicate Filing of re: #23 , #20 Amended Complaint filed by Mark Washington. (sre) |
| Filing 24 Brief In Support of Writ of Habeas Corpus re: 20 Amended Complaint filed by Mark Washington. (Appears to be similar to previously filed duplicate filings #7 , #11 , #14 , #16 , #21 ) filed by Mark Washington. (Docketed as correspondence per #8 ). (sre) |
| Filing 23 Duplicate Filing of re: #20 Amended Complaint filed by Mark Washington. (sre) |
| Filing 22 MOTION for Reconsideration re: #6 Order on Motion to Appoint Counsel, filed by Mark Washington. (sre) |
| Filing 21 Brief In Support of Writ of Habeas Corpus re: #20 Amended Complaint filed by Mark Washington. (Appears to be similar to previously filed duplicate filings #7 , #11 , #14 , #16 ) (Docketed as correspondence per #8 ). (sre) |
| Filing 20 AMENDED COMPLAINT against Bill Waybourn filed by Mark Washington. 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. (sre) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:29. Mon Jan 24 16:19:37 CST 2022 (crt) |
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Filing 19
FILING FEE ORDER: Order For Partial Filing Fee in amount of $25.00 with a balance of $325.00 remaining. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. (Ordered by Judge Reed C. O'Connor on 1/20/2022) (sre) (Main Document 19 replaced on 1/20/2022) (bdb).
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| Filing 18 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Mark Washington. (sre) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:19 and copy sent to Tarrant County Inmate Accounting Office. Thu Jan 20 13:43:08 CST 2022 (crt) |
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Filing 17
ORDER GRANTING EXTENSION: Petitioner, Mark Washington, seeks an extension of time in which to comply with the Court's order of December 13, 2021. The record reflects that proper forms were sent to Petitioner as required by the order. Further, the clerk sent to Petitioner a second set of forms in response to a request received from him December 30, 2021. Nevertheless, the Court is granting Petitioner a brief extension of time in which to comply. Petitioner's motion for extension of time is GRANTED IN PART and the deadline for Petitioner to comply with the December 13, 2021 order is extended to January 27, 2022. (Ordered by Judge Reed C. O'Connor on 1/13/2022) (sre)
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| Filing 16 Duplicate Filing of re: #11 Public Correspondence Received, #14 Duplicate Filing filed by Mark Washington, titled, "Brief in Support of Petition of Writ of Habeas Corpus." (sre) |
| Filing 15 Duplicate Filing of re: #10 Public Correspondence Received, #13 Duplicate filing filed by Mark Washington titled, "Petition for Writ of Habeas Corpus." (sre) |
| Filing 14 Duplicate Filing of re: #11 Public Correspondence Received filed by Mark Washington titled, "Brief in Support of Petition for Writ of Habeas Corpus". (sre) |
| Filing 13 Duplicate Filing of re: #10 Public Correspondence Received filed by Mark Washington titled, "Petition for Writ of Habeas Corpus". (sre) |
| Filing 12 MOTION to Extend Time to File Proper 2241 Petition filed by Mark Washington. (sre) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:17. Thu Jan 13 14:52:35 CST 2022 (crt) |
| Filing 11 Correspondence titled "Brief in Support of Petition for Writ of Habeas Corpus #10 " received from Mark Washington. (docketed as correspondence per #8 ). (sre) |
| Filing 10 Correspondence titled "Petition for Writ of Habeas Corpus" received from Mark Washington. (docketed as correspondence per #8 ). (sre) |
| Filing 9 Forms Request by Mark Washington with Deputy Clerk Response. 2241 and IFP (with certificate of inmate trust account) forms re-mailed to petitioner. (sre) |
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Filing 8
ORDER REGARDING FURTHER FILINGS: On December 29, 2021, the Clerk received from petitioner, Mark Washington, documents titled "Petition for Writ of Habeas Corpus" and "Brief In Support of Petition for Writ of Habeas Corpus," which are being docketed as correspondence #7 . To proceed further, petitioner must comply with the Court's December 13, 2021 order and notice of deficiency. (Ordered by Judge Reed C. O'Connor on 12/29/2021) (sre)
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| Filing 7 Correspondence titled, "Brief in Support of Petition for Writ of Habeas Corpus" received from Mark Washington. (Docketed as correspondence per LCSJ). (sre) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Wed Dec 29 15:13:32 CST 2021 (crt) |
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Filing 6
ORDER DENYING APPOINTMENT OF COUNSEL: The motion of Mark Washington for appointment of counsel #5 is DENIED. Movant does not have a constitutional right to the appointment of counsel, Pennsylvania v. Finley, 481 U.S. 551, 555 (1987), and he has not demonstrated that the interests of justice require such an appointment. 18 U.S.C. 3006A(a)(2)(B). (Ordered by Judge Reed C. O'Connor on 12/28/2021) (sre)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Tue Dec 28 08:59:50 CST 2021 (crt) |
| Filing 5 MOTION to Appoint Counsel filed by Mark Washington. (sre) |
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Filing 4
ORDER AND NOTICE OF DEFICIENCY: Mark Washington must address the following deficiency: Petitioner has not submitted the proper form for pursuing an application under 2241 or paid the applicable $5.00 filing fee or sought leave to proceed in forma pauperis. The Court ORDERS that, by December 30, 2021, petitioner (1) either pay the $5.00 filing fee or complete and file the Application to Proceed In Forma Pauperis and Certificate of Inmate Trust Account (or institutional equivalent), and (2) complete and file the form 2241 petition for writ of habeas corpus. Failure to comply with this order in any respect may result in the dismissal of this action without further notice. (Ordered by Judge Reed C. O'Connor on 12/13/2021) (sre)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. (1) a form Application to Proceed In Forma Pauperis, (2) a Certificate of Inmate Trust Account, and (3) a form 2241 petition with case number thereon sent to petitioner. Mon Dec 13 15:26:42 CST 2021 (crt) |
| Filing 3 Notice and Instruction to Pro Se Party. (sre) |
| Filing 2 New Case Notes: A filing fee has not been paid. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) File to: Appropriate Staff Attorney. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (sre) |
| Filing 1 PETITION for Writ of Habeas Corpus titled "Amended Brief in Support of Petition for Writ of Habeas Corpus" filed by Mark Washington. 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. (sre) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:2,3. Fri Dec 10 15:19:37 CST 2021 (crt) |
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