Brewer v. Stephens, Director TDCJ-CID
| Brent Ray Brewer |
| William Stephens-Director TDCJ-CID |
| 2:2015cv00050 |
| August 3, 2015 |
| US District Court for the Northern District of Texas |
| Amarillo Office |
| Randall |
| Clinton E Averitte |
| Mary Lou Robinson |
| Death Penalty |
| 28 U.S.C. ยง 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
140
ORDER adopting 131 Findings and Recommendations on Case. The Court ORDERS: 1. The Court OVERRULES Petitioner's objections (ECF No. 139) to the Magistrate Judge's FCR; 2. The Court OVERRULES Respondent's objections (ECF No. 138) t o the Magistrate Judge's FCR; 3. The Court ADOPTS the Magistrate Judge's FCR (ECF No. 131); 4. The Court DENIES all relief requested in Petitioner's Second Amended Petition for federal habeas corpus relief (ECF No. 103), as supplemente d by his reply brief (ECF No. 128); 5. The Court DENIES Brewer's request for an evidentiary hearing; 6. The Court DENIES a Certificate of Appealability regarding all claims for relief; and 7. The Court DIRECTS the United States District Clerk to append a copy of the Magistrate Judge's FCR (ECF No. 131) to this Order. (Ordered by Judge Matthew J. Kacsmaryk on 2/8/2022) (Attachments: # 1 FCR ECF No. 131) (djs)
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Filing
115
ORDER: The findings, conclusions, and recommendation of the Magistrate Judge 114 are ADOPTED. It is therefore ORDERED that Petitioner's Renewed Motion 94 is DENIED with respect to its request for discovery but CARRIED FORWARD with respect to its request for an evidentiary hearing until the filing of all relevant pleadings and the submission of all relevant state court records for review by this Court. (Ordered by Judge Matthew J. Kacsmaryk on 8/10/2020) (djs)
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Filing
76
MEMORANDUM OPINION AND ORDER TO STAY PROCEEDINGS - The recommendation of the United States magistrate judge is ADOPTED, and these proceedings are STAYED while Brewer pursues his state habeas remedies in accordance with the recommendation and this mem orandum opinion and order. The other pending motions, Brewer's motion for leave to supplement his amended petition and his motion for discovery and an evidentiary hearing, are DENIED as moot. Accordingly, Brewer is ORDERED to file an applicati on for post-conviction relief in the state court on these claims within 60 days of the date of this memorandum opinion and order, and, unless he obtains the sought relief in state court, to return to this court within 45 days after he exhausts his s tate court remedies. (See Order for Specifics) Motions terminated: 57 MOTION for Leave to File Supplement to Amended Petition for Writ of Habeas Corpus, 53 MOTION to Stay and Hold in Abeyance Federal Habeas Proceedings, 67 Findings and Recommendations, 54 MOTION for Discovery and Evidentiary Hearing filed by Brent Ray Brewer. (Ordered by Senior Judge Sidney A Fitzwater on 9/25/2018) (vls)
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Filing
16
MEMORANDUM OPINION AND ORDER DIRECTING COUNSEL. All appointed counsel are directed to supplement their joint statement on or before Wednesday, June 24, 2015. (Ordered by Magistrate Judge Clinton E Averitte on 6/16/2015) (daa)
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Filing
10
MEMORANDUM OPINION AND ORDER: re: granting 9 MOTION to Appoint Co-Counsel filed by Brent Ray Brewer. Attorneys Peter J. Walker and Shawn Nolan for Brent Ray Brewer added. Because more than two counsel have been appointed in these proceedings, all counsel for Brewer are DIRECTED to file with this Court a joint statement explaining whether more than two counsel are needed to represent Brewer and why, and, if the Court finds that only two counsel are needed, which two counsel should remain fo rmally appointed in this case. The parties are ORDERED to observe the briefing schedule set out above with allinstructions provided. Motions terminated: 7 Motion to Appoint Additional Counsel filed by Brent Ray Brewer. (Ordered by Magistrate Judge Clinton E Averitte on 4/2/2015) (egb)
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| Petitioner: Brent Ray Brewer | |
| Represented By: | Michael B Charlton |
| Represented By: | Shawn Nolan |
| Represented By: | Peter J Walker |
| Represented By: | Philip Alan Wischkaemper |
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| Respondent: William Stephens-Director TDCJ-CID | |
| Represented By: | W Erich Dryden |
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