Watson v. Howerton (TVV)

Filing 31

ORDER TO CORRECT DOCKET WITH CORRECT RESPONDENT; GRANTING MOTIONS TO AMEND AND SUPPLEMENT (DOCKET ENTRIES 9, 23, 25, 26 & 28; DENYING MOTIONS FOR DEFAULT(DOCKET ENTRIES 7 & 21); AND DENYING MOTION TO CORRECT DOCKET AS MOOT(DOCKET ENTRIES 14) filed by Timothy C. Watson. Signed by Judge J. Daniel Breen on 8/1/2013. (Breen, J.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION

TIMOTHY C. WATSON,
Petitioner,
vs.
MICHAEL DONAHUE,
Respondent.

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No. 12-1131-JDB-egb

ORDER TO CORRECT DOCKET WITH CORRECT RESPONDENT,
GRANTING MOTIONS TO AMEND AND SUPPLEMENT
(DOCKET ENTRIES 9, 23, 25, 26 & 28),
DENYING MOTIONS FOR DEFAULT
(DOCKET ENTRIES 7 & 21),
AND
DENYING MOTION TO CORRECT DOCKET AS MOOT
(DOCKET ENTRIES 14)
On May 23, 2012, Petitioner, Timothy C. Watson, Tennessee
Department of Correction (“TDOC”) prisoner number 221443, an inmate
now confined at the Hardeman County Correctional Facility (“HCCF”)
in Whiteville, Tennessee, filed a habeas corpus petition under 28
U.S.C. § 2254.

(Docket Entry (“D.E.”) 1.)

The Clerk shall update

the docket to record the respondent as Michael Donahue.1
On August 30, 2012, November 9, 2012, November 30, 2012,
January 18, 2013, and March 5, 2013, Watson filed motions to amend

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The proper respondent to a
custodian. Rumsfeld v. Padilla, 542 U.S.
159 L. Ed. 2d 513 (2004).
Petitioner
custodian is HCCF Warden Michael Donahue.
Warden Dwight Barbee as a party to this
Respondent.

habeas petition is the petitioner’s
426, 434-35, 124 S. Ct. 2711, 2717-18,
is now confined at the HCCF and his
The Clerk is directed to terminate WTSP
case and to record Michael Donahue as

and supplement his petition.

(D.E. 9, 23, 25, 26 & 28.)

The

motions to amend and supplement are GRANTED.
On August 31 and November 5, 2012, Petitioner submitted
motions for entry of default judgment.

(D.E. 7 & 21.)

When he

filed the first motion for entry of default, the Court had not yet
ordered

the

Respondent

to

answer

the

petition.

Respondent

requested and received an extension of time to file the answer,
which was timely filed on November 2, 2012.

(D.E. 19.)

The

motions for entry of default are DENIED.
On September 17, 2013, Watson filed a motion to correct the
docket because his first motion for entry of default had not been
docketed properly as a separate motion.
corrected the oversight.

(D.E. 14.)

The Clerk

The motion is DENIED as MOOT.

IT IS SO ORDERED this 1st day of August 2013.
s/ J. Daniel Breen
J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE

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