TN – Walter Fitzpatrick, III v. Bill Bivins, et al. – Habeas Corpus Appeal

Even though the Judge certified than an appeal would be frivolous and not in good faith, the denial of the Habeas Corpus motion was appealed. This is going to be a costly mistake.

Date Filed # Docket Text
01/30/2012 1[RECAP] PETITION for the great Writ of Habeas Corpus and complaint on behalf of Walter Fitzpatrick III as presented by affidavit of his”next friend” for injunctive and declaratory relief with emergency order to show cause within three days pursuant to 28 U.S.C. 2241, et seq., filed by Walter Fitzpatrick, III and M J Blanchard. (Attachments: # 1[RECAP] Exhibit)(KAW) (Entered: 01/30/2012)

01/30/2012 Filing fee: $ 5, receipt number K3017944 (KAW) (Entered: 01/30/2012)
02/06/2012 2 PROOF OF SERVICE by M J Blanchard as to 1[RECAP] Petition for Writ of Habeas Corpus upon Sheriff Bivens and Attorney General, James Stutts. (ADA) Modified date on 2/7/2012 (ADA). (Entered: 02/07/2012)
02/10/2012 NOTICE of Change of Address by Walter Fitzpatrick, III from Monroe County to P.O. Box 375 Sweetwater, TN 37874 (appeared at Intake) (ADA) (Entered: 02/10/2012)
02/17/2012 3 Addendum to 1[RECAP] Petition for Writ of Habeas Corpus filed by Walter Fitzpatrick, III. (includes address update.) (ADA) (Entered: 02/22/2012)
03/13/2012 4 NOTICE of Appearance by Andrew H Smith on behalf of The State of Tennessee (Smith, Andrew) (Entered: 03/13/2012)
05/07/2013 5 MOTION to Dismiss for Lack of Prosecution by The State of Tennessee. (Smith, Andrew) (Entered: 05/07/2013)
03/18/2014 6 MEMORANDUM AND OPINION as set forth in following order. Signed by District Judge R Leon Jordan on 3/18/14. (c/m)(ABF) (Entered: 03/18/2014)
03/18/2014 7 JUDGMENT ORDER: The petition for the writ of habeas corpus is DENIED and this action is DISMISSED. Should the petitioner give timely notice of an appeal from this decision, such notice will be treated as an application for a certificate of appealability, which under the circumstances is hereby DENIED. The Court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. The Court thus DENIES the petitioner leave to proceed in forma pauperis on appeal. Signed by District Judge R Leon Jordan on 3/18/14. (c/m)(ABF) (Entered: 03/18/2014)
04/18/2014 8 NOTICE OF APPEAL as to 6 Memorandum & Opinion and 7 Judgment Order by Walter Fitzpatrick, III. (no filing fee received) (Attachments: # 1 Affidavit Walter Fitzpatrick, # 2 Other Exhibit, # 3 Other Exhibit, # 4 Other Exhibit, # 5 Other Exhibit)(ABF) (Entered: 04/21/2014)
04/23/2014 USCA Case Number 14-5476 for 8 Notice of Appeal filed by Walter Fitzpatrick, III; Case Manager Bryant Crutcher. (AYB) (Entered: 04/23/2014)

2 thoughts on “TN – Walter Fitzpatrick, III v. Bill Bivins, et al. – Habeas Corpus Appeal

  1. This is OT, but I could not find a better place…

    I would like to hear your opinion of the legal situation of the Bundy Ranch Militia, perhaps contrasted with that of Walt’s buddy Huff.

    Check out about 15 minutes mark where an eyewitness/suspect talks about putting Federal agents in a “Kill Zone” with “guns trained”.

    Right now the press in Nevada is making much of the claim of some militia that guns were only pointed maybe “30 feet in the air” above the agents.

    http://www.8newsnow.com/story/25478871/bundy-supporter-no-guns-pointed-at-police-or-blm

    I’m not sure if that is a relevant distinction. Contrast with Huff, who did not take his gun out of his truck, but pulled hard time regardless.

    Thanks…

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