Wojtowicz v. Sheriff, Lubbock County
Petitioner: Donn Wojtowicz
Respondent: Sheriff, Lubbock County and Kelly Rowe
Case Number: 5:2023cv00023
Filed: January 30, 2023
Court: US District Court for the Northern District of Texas
Presiding Judge: James Wesley Hendrix
Nature of Suit: Prisoner Pet/Habeas Corpus: General
Cause of Action: 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 3, 2023 Opinion or Order Filing 10 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 without prejudice. (Ordered by Judge James Wesley Hendrix on 3/3/2023) (krr)
March 3, 2023 Opinion or Order Filing 9 ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS: Petitioner's petition for writ of habeas corpus under 28 U.S.C. 2241 is dismissed without prejudice on exhaustion grounds, and his motion for writ of mandamus denied. Any request for certificate of appealability should be denied. The Court will enter judgment accordingly. All relief not expressly granted, and any pending motions are denied. So ordered. (Ordered by Judge James Wesley Hendrix on 3/3/2023) (krr)
March 3, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:9,10. Fri Mar 3 14:36:09 CST 2023 (crt)
February 24, 2023 Filing 8 Ex-Parte Motion for Writ of Mandamus filed by Donn Wojtowicz. (bmh)
February 14, 2023 Opinion or Order Filing 7 ELECTRONIC ORDER: Petitioner's application to proceed in forma pauperis, Dkt No. #6 , is GRANTED until further order. Reminder: Petitioner must promptly notify the Court of any change of address by filing a written notice of change of address with the Clerk. Failure to file this notice may result in the dismissal of the petition for failure to prosecute. (Ordered by Judge James Wesley Hendrix on 2/14/2023) (chmb)
February 13, 2023 Filing 6 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Donn Wojtowicz. (bmh)
February 13, 2023 Filing 5 AMENDED PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241 against Kelly Rowe filed by Donn Wojtowicz. 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)
January 31, 2023 Opinion or Order Filing 4 ELECTRONIC ORDER AND NOTICE OF DEFICIENCY: Petitioner filed a challenge to his pretrial detention that the Court interprets as a petition for writ of habeas corpus. Petitioner did not file the petition 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. 2241, and (2) to pay the $5.00 filing fee or submit an IFP application with the required certificate of inmate trust account, by March 2, 2023 (30 days). Petitioner's failure to comply with this order may result in the dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b). The Clerk is directed to provide to Petitioner, with service of this order, a form IFP application, a certificate of inmate trust account, and a standard form petition for cases filed under 28 U.S.C. 2241 (labeled "amended"). (Ordered by Judge James Wesley Hendrix on 1/31/2023) (chmb)
January 31, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Clerk mailed to to Petitioner, with service of this order, a form IFP application, a certificate of inmate trust account, and a standard form petition for cases filed under 28 U.S.C. 2241 (labeled "amended"). Tue Jan 31 11:56:26 CST 2023 (crt)
January 30, 2023 Filing 3 Notice and Instruction to Pro Se Party (bdg)
January 30, 2023 Filing 2 New Case Notes: A filing fee has not been paid. (bdg)
January 30, 2023 Filing 1 PETITION for Writ of Habeas Corpus filed by Donn Wojtowicz. 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. (bdg)
January 30, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,3. Mon Jan 30 10:13:49 CST 2023 (crt)

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Petitioner: Donn Wojtowicz
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Respondent: Sheriff, Lubbock County
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Respondent: Kelly Rowe
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