Payne v. State of Texas
| Charles Payne |
| State of Texas |
| 5:2022cv00066 |
| April 12, 2022 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| 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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This docket was last retrieved on May 27, 2022. A more recent docket listing may be available from PACER.
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| Filing 8 MOTION to Stay filed by Charles Payne (lkw) |
Filing 7
DEFICIENCY SHOW CAUSE ORDER: Petitioner has failed to comply with the Court's order. The Court therefore orders that Petitioner must-within 14 days from the date of this order-pay the $5.00 filing fee, file an application to proceed in forma pauperis with a certified statement of his inmate trust account, or show cause why his petition should not be dismissed for want of prosecution pursuant to Federal Rule of Civil Procedure 4l(b). If Petitioner fails to comply with this order, the Court will dismiss his petition for want of prosecution without further notice. (Ordered by Judge James Wesley Hendrix on 5/17/2022) (lkw)
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Filing 6
ORDER denying #5 Motion to Appoint Counsel: At this time, no hearing has been scheduled. The Court will order appointment of counsel if, upon review of the pleadings and state court records, the Court determines that either an evidentiary hearing, the appointment of counsel, or both are warranted. (Ordered by Judge James Wesley Hendrix on 5/17/2022) (lkw)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6,7. Tue May 17 16:41:54 CDT 2022 (crt) |
| Filing 5 MOTION to Appoint Counsel filed by Charles Payne (lkw) |
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Filing 4
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY: Petitioner did not file the petition for writ of habeas corpus on the appropriate form. Nor did he pay the required $5.00 filing fee or submit a proper request to proceed in forma pauperis (IFP) along with a certified statement of his inmate trust account. See 28 U.S.C. 1915(a)(2). Therefore, Petitioner is ORDERED (1) to complete and return the enclosed form used in this Court for actions filed under 28 U.S.C. 2254, and (2) to pay the $5.00 filing fee or submit an IFP application with the required certificate of inmate trust account, by May 13, 2022 (30 days). Petitioner's failure to comply with this order may result in the dismissal of this action under Federal Rule of Civil Procedure 41(b). The Clerk is directed to provide to Petitioner, with service of this order, a form application to proceed in forma pauperis and a standard form petition for cases filed under 28 U.S.C. 2254 (labeled amended). (Ordered by Judge James Wesley Hendrix on 4/13/2022) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Clerk mailed NEF to Petitioner along with a 2254 Petition and an application to proceed in forma pauperis form Wed Apr 13 09:42:35 CDT 2022 (crt) |
| Filing 3 Notice and Instruction to Pro Se Party. (bmh) |
| Filing 2 New Case Notes: A filing fee has not been paid. (bmh) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Charles Payne. 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. (bmh) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,3. Tue Apr 12 10:19:45 CDT 2022 (crt) |
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| Petitioner: Charles Payne | |
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| Respondent: State of Texas | |
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