Edwards v. Marsha McLane
| Kevin Wayne Edwards |
| Attorney Jessica Day |
| T.C.C.O and Marsha Mclane - TCCO Executive Director |
| 5:2023cv00061 |
| March 23, 2023 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Prisoner Pet/Other: Civil Detainee-Conditions of Confinement |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on May 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 23 Public correspondence received from Kevin Wayne Edwards. The clerk has not responded. (krr) |
| Filing 22 Public correspondence received from Kevin Wayne Edwards. Courtesy copy of docket sheet mailed to Mr. Edwards. (krr) |
Filing 21
ORDER: In this 28 U.S.C. 2254 habeas action, Petitioner Kevin Wayne Edwards, a civil detainee proceeding pro se, challenges his 2013 state judgment and order of civil commitment. (Dkt. No. #11 ). Edwards filed three motions. Motion for Speedy Trial, Dkt. No. #6 . Motion for Discovery, Dkt. No. #7 . And Motion to Appoint Counsel, Dkt. No. #8 . For the reasons explained in the Order, the Court denies the motions. Edwards filed seven letters that are convoluted, contain delusional statements, appear unrelated to his habeas claims, and seek no specific relief from the Court. (Dkt. Nos. #13 - #19 ). The Court is reviewing Edwards's amended habeas petition and will adjudicate his claims in due course. If Edwards continues to inundate the Court with frivolous correspondence, he will only delay the Court's ability to do so. The Court cautions Edwards that, if he continues to do so, the Court will consider imposing monetary sanctions against him. (Ordered by Judge James Wesley Hendrix on 4/28/2023) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:21. Fri Apr 28 15:17:23 CDT 2023 (crt) |
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Filing 20
ELECTRONIC ORDER: The Clerk is directed to change the caption of this case to reflect that Marsha McLane, Director, Texas Civil Commitment Office, is the proper Respondent. All other named Respondents will be terminated from this case. See Rumsfeld v. Padilla, 542 U.S. 426, 434 (2004). (Ordered by Judge James Wesley Hendrix on 4/27/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Clerk mailed Electronic Order No. 20 to Petitioner. Thu Apr 27 13:02:13 CDT 2023 (crt) |
| Filing 19 Public correspondence received from Kevin Wayne Edwards. The clerk has not responded. (lkw) |
| Filing 18 Public correspondence received from Kevin Wayne Edwards. The clerk has not responded. (krr) |
| Filing 17 Public correspondence received from Kevin Wayne Edwards. The clerk has not responded. (krr) |
| Filing 16 Public correspondence received from Kevin Wayne Edwards. The clerk has not responded. (krr) |
| Filing 15 Public correspondence received from Kevin Wayne Edwards. The clerk has not responded. (krr) |
| Filing 14 Public correspondence received from Kevin Wayne Edwards. The clerk has not responded. (krr) |
| Filing 13 Public correspondence received from Kevin Wayne Edwards. The clerk has not responded. (krr) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. Mailed copy of NEF Doc. 12. Wed Apr 12 10:33:35 CDT 2023 (crt) |
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Filing 12
ELECTRONIC ORDER: Petitioner's application to proceed in forma pauperis, Dkt. No. 2, is DENIED. The documents provided by Petitioner show that he had $2,088.26 in his resident account as of March 15, 2023. Therefore, Petitioner is ORDERED to pay the $5.00 filing fee by May 11, 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). (Ordered by Judge James Wesley Hendrix on 4/11/2023) (chmb)
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| Filing 11 AMENDED PETITION for Writ of Habeas Corpus filed by Kevin Wayne Edwards. (lkw) |
| Filing 10 Public correspondence received from Kevin Wayne Edwards. The clerk has not responded. (krr) |
| Filing 8 MOTION FOR THE APPOINTMENT OF COUNSEL WITH RESIDENT STATEMENT filed by Kevin Wayne Edwards. (krr) |
| Filing 7 MOTION FOR DISCOVERY AND INSPECTION OF EVIDENCE filed by Kevin Wayne Edwards. (krr) (Additional attachment(s) added on 3/31/2023: #1 Proposed Order) (krr). |
| Filing 6 MOTION FOR SPEEDY TRIAL filed by Kevin Wayne Edwards. (krr) |
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Filing 5
NOTICE OF INTENT TO REDESIGNATE CASE: Plaintiff Keving Wayne Edwards, a civil detainee proceeding pro se, filed a civil rights complaint and an application to proceed in forma pauperis (IFP). Edwards complains that his trial attorney's ineffective representation led to his state criminal conviction. He seeks "clemency, pardon and vindication" from his alleged unlawful conviction. Edwards is advised that the Court intends to construe this civil-rights complaint as a petition for writ of habeas corpus under 28 U.S.C. 2254. Therefore, Edwards mustrespond to this order, indicating either his acceptance of or objection to the Court's intended construction of this case within 30 days. Specifical1y, if Edwards agrees to the Court's construction, he must file a petition on the Section 2254 form provided by the Court. If Edwards objects to the Court's construction, he must either show cause why the case should proceed as a civil-rights action or file a notice of voluntary dismissal under Federal Rule of Civil Procedure 41. See Fed. R. Civ. P. 41(a). Edwards's IFP application will remain pending until the Court determines the nature of this suit. The Court directs the Clerk to mail Edwards a Section 2254 form marked "amended. " Edwards's failure to respond to this order may result in the dismissal of this action without further notice. (Ordered by Judge James Wesley Hendrix on 3/30/2023) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Clerk also mailed to Edwards a Section 2254 form marked "amended." Thu Mar 30 15:17:12 CDT 2023 (crt) |
| Filing 4 Notice and Instruction to Pro Se Party. (krr) |
| Filing 3 New Case Notes: A filing fee has not been paid. 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. (krr) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis with Affidavit attached filed by Kevin Wayne Edwards. (krr) |
| Filing 1 COMPLAINT against All Defendants filed by Kevin Wayne Edwards. 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. (krr) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3,4. Thu Mar 23 09:43:26 CDT 2023 (crt) |
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