Automated Summary
Key Facts
The United States District Court for the Northern District of Texas Dallas Division issued an order on July 2, 2025, denying multiple habeas corpus petitions filed by petitioner Andre James Wiley against the State of Texas. The court adopted the magistrate judge's findings and denied the Petition for Leave to Proceed as Next Friend, Trustee, and Holder of Private Power of Attorney for Andre James Wiley in a Habeas Corpus Proceeding (ECF No. 7). Additionally, the Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (ECF No. 3) was dismissed without prejudice for lack of jurisdiction, and a June 30, 2025 petition for issuance of writ and immediate release (ECF No. 12) was also denied.
Issues
- The Petitioner's June 30, 2025 petition for issuance of writ and immediate release was denied by the court. This petition was filed as ECF No. 12 and was considered as part of the overall review of the case matters.
- The court reviewed the Petition for Leave to Proceed as Next Friend, Trustee, and Holder of Private Power of Attorney for Andre James Wiley in a Habeas Corpus Proceeding, filed on May 5, 2025. After considering the United States Magistrate Judge's findings, conclusions, and recommendation, along with the petitioner's objections, the court determined the magistrate judge's findings were correct and adopted them. The petition was denied.
- The Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241, filed on April 14, 2025, was dismissed without prejudice for lack of jurisdiction. The court adopted the magistrate judge's findings and conclusions as its own after reviewing all relevant matters of record in the case.
Holdings
The court adopted the findings and conclusions of the United States Magistrate Judge and denied the Petition for Leave to Proceed as Next Friend, Trustee, and Holder of Private Power of Attorney for Andre James Wiley in a Habeas Corpus Proceeding. Additionally, the Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 was dismissed without prejudice for lack of jurisdiction. The Petitioner's June 30, 2025 petition for issuance of writ and immediate release was also denied. A certificate of appealability is not required to appeal the denial of relief under 28 U.S.C. § 2241.
Remedies
- Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241, filed on April 14, 2025 (ECF No. 3), will be dismissed without prejudice for lack of jurisdiction.
- Petitioner's June 30, 2025 petition for issuance of writ and immediate release (ECF No. 12) is denied.
- Petition for Leave to Proceed as Next Friend, Trustee, and Holder of Private Power of Attorney for Andre James Wiley in a Habeas Corpus Proceeding, filed on May 5, 2025 (ECF No. 7), is denied.
Legal Principles
The court reviewed magistrate judge findings and conclusions under 28 U.S.C. § 636(b)(1), adopted them as correct, and denied the Petition for Leave to Proceed as Next Friend, Trustee, and Holder of Private Power of Attorney for a Habeas Corpus Proceeding. The Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 was dismissed without prejudice for lack of jurisdiction. A certificate of appealability is not required to appeal the denial of relief under 28 U.S.C. § 2241, per Padilla v. United States, 416 F. 424, 425 (5th Cir. 2005).
Precedent Name
Padilla v. United States
Cited Statute
- 28 U.S.C. § 636(b)(1)
- 28 U.S.C. § 2241
Judge Name
Sidney A. Fitzwater
Passage Text
- After reviewing all relevant matters of record in this case, including the findings, conclusions, and recommendation of the United States Magistrate Judge and petitioner's objections, in accordance with 28 U.S.C. § 636(b)(1), the court is of the opinion that the findings and conclusions of the magistrate judge are correct, and they are adopted as the findings and conclusions of the court.
- By separate judgment, the Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241, filed on April 14, 2025 (ECF No. 3), will be dismissed without prejudice for lack of jurisdiction.
- For the reasons stated in the findings, conclusions, and recommendation of the United States Magistrate Judge, the Petition for Leave to Proceed as Next Friend, Trustee, and Holder of Private Power of Attorney for Andre James Wiley in a Habeas Corpus Proceeding, filed on May 5, 2025 (ECF No. 7), is denied.