Peoples v. Payne
| Quayvon Peoples |
| Joe Page, III and Dexter Payne |
| 4:2020cv01484 |
| December 21, 2020 |
| US District Court for the Eastern District of Arkansas |
| Kristine G Baker |
| J Thomas Ray |
| Habeas Corpus (General) |
| 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 November 17, 2022. A more recent docket listing may be available from PACER.
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| Filing 38 MANDATE of USCA in accordance with the judgment of 10/27/2022 as to #28 Notice of Appeal filed by Quayvon Peoples. (jbh) |
| Filing 37 USCA JUDGMENT as to #28 Notice of Appeal filed by Quayvon Peoples: Appellant's 10/24/2022 filing titled "Notice of Appeal" is construed as an Application for Certificate of Appealability and is denied. The appeal is dismissed. The motion for leave to proceed on appeal in forma pauperis is denied as moot. The motion for appointment of counsel is denied as moot. (jbh) |
Filing 36
ORDER of USCA as to #28 Notice of Appeal filed by Quayvon Peoples: The $505 appellate filing and docketing fee has not been paid and is due. Appellant is directed to either pay the fee in the district court or file a motion for leave to proceed in forma pauperis in this court within 28 days of the date of this order. If appellant does not pay the fee or move for IFP status by 11/01/2022, this appeal may be dismissed for failure to prosecute without further notice. (jbh)
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| Filing 35 USCA Docketing Letter as to #28 Notice of Appeal filed by Quayvon Peoples. USCA Case Number 22-3070. (jbh) |
| Filing 34 NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to #28 Notice of Appeal re #26 Order, #27 Judgment. (jbh) |
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Filing 33
ORDER denying 29 motion for certificate of appealability is denied without prejudice to reassertion before the Eighth Circuit Court of Appeals; denying #30 motion to proceed in forma pauperis on appeal; granting #32 motion for status update and motion for copies; and directing the Clerk of the Court to send Mr. Peoples a copy of the docket sheet along with a copy of this Order. Signed by Judge Kristine G. Baker on 10/3/2022. (jbh)
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| Filing 32 MOTION for Copies and Status by Quayvon Peoples. (jbh) |
| Filing 31 AFFIDAVIT in Support of #30 Motion for Leave to Appeal in forma pauperis by Quayvon Peoples. (jbh) |
| Filing 30 MOTION for Leave to Appeal in forma pauperis by Quayvon Peoples. (jbh) |
| Filing 29 MOTION for Certificate of Appealability by Quayvon Peoples. (No separate document filed; see docket entry #28 .) (jbh) |
| Filing 28 NOTICE OF APPEAL as to #26 Order, #27 Judgment by Quayvon Peoples. (jbh) |
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Filing 27
JUDGMENT: Pursuant to #26 Order, it is considered, ordered, and adjudged that petitioner Quayvon Peoples's claims are dismissed with prejudice. Signed by Judge Kristine G. Baker on 3/30/2022. (ldb)
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Filing 26
ORDER adopting the #24 Recommended Disposition as its findings in all respects; denying Mr. Peoples's claims for relief in his #2 petition for writ of habeas corpus and dismisses with prejudice the petition;denying Mr. People's #21 motion to amend evidence and #25 request for an evidentiary hearing; and concluding that Mr. Peoples is not entitled to a certificate of appealability because he has not made a substantial showing of a denial of a constitutional right. Signed by Judge Kristine G. Baker on 3/30/2022. (ldb)
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| Filing 25 OBJECTIONS to #24 Recommended Disposition by Quayvon Peoples. (ldb) |
| Filing 24 RECOMMENDED DISPOSITION that #2 Petition for Writ of Habeas Corpus filed by Quayvon Peoples be denied and his habeas claims be dismissed, with prejudice; that no Certificate of Appealability be issued; and that #21 Peoples' Motion to Amend Evidence be denied, as moot. Objections due within 14 days of date of Recommendation. Signed by Magistrate Judge J. Thomas Ray on 2/8/2022. (csf) |
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Filing 23
ORDER granting #22 Peoples's Motion for Status Update; directing the Clerk to send him an updated docket sheet, along with a copy of this Order. #2 Peoples's Petition for Writ of Habeas Corpus and #21 Motion to Amend Evidence are under consideration by the Court. Signed by Magistrate Judge J. Thomas Ray on 12/8/2021. (kdr)
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| Filing 22 MOTION for Status Update by Quayvon Peoples. (ldb) |
| Filing 21 MOTION to Amend Evidence by Quayvon Peoples. (llg) |
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Filing 20
ORDER granting #19 Respondent Dexter Payne's Motion to Substitute Counsel of Record; and directing the Clerk to update the docket sheet to reflect that Christopher R. Warthen is Respondent Payne's sole counsel of record. Signed by Magistrate Judge J. Thomas Ray on 6/7/2021. (kdr)
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| Filing 19 MOTION to Substitute Attorney by Dexter Payne (Warthen, Christopher) |
| Filing 18 REPLY to #13 Response to Habeas Petition by Quayvon Peoples. (ljb) |
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Filing 17
ORDER denying #16 Petitioner Quayvon Peoples' Motion for Appointment of Counsel. Signed by Magistrate Judge J. Thomas Ray on 3/16/2021. (kdr)
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| Filing 16 MOTION to Appoint Counsel by Quayvon Peoples. (llg) |
| Filing 15 NOTICE Electing to remain with a United States District Court Judge by Quayvon Peoples. (kdr) |
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Filing 14
ORDER directing Peoples to file, on or before 4/1/2021, a Reply addressing #13 Respondent's arguments for dismissal. Signed by Magistrate Judge J. Thomas Ray on 2/25/2021. (kdr)
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| Filing 13 RESPONSE to #2 Petition for Writ of Habeas Corpus by Dexter Payne. (Attachments: #1 Exhibit 1A - Appellant's Direct Appeal Brief, #2 Exhibit 1B - State's Responsive Brief, #3 Exhibit 2 - Ark. Court of Appeals Opinion, #4 Exhibit 3A - Rule 37 Petition, #5 Exhibit 3B - Order Denying Rule 37 Petition, #6 Exhibit 3C - Motion for Belated Appeal, #7 Exhibit 3D - Order Denying Motion, #8 Exhibit 4A - Trial Record, Volume One, #9 Exhibit 4B - Trial Record, Volume 2, #10 Exhibit 4C - Trial Record, Volume 3, #11 Exhibit INDEX)(Yarbrough, Michael) |
| Filing 12 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (tjb) |
| Filing 11 ADDENDUM to #2 Petition for Writ of Habeas Corpus filed by Quayvon Peoples. (llg) |
| Filing 10 NOTICE of Appearance by Michael Lloyd Yarbrough, Jr on behalf of Dexter Payne (Yarbrough, Michael) |
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Filing 9
ORDER granting #8 Motion for Leave to Proceed In Forma Pauperis; directing the Clerk of the Court to serve a copy of #2 Petition for Writ of Habeas Corpus and this Order on the respondent and the Arkansas Attorney General by mail; directing Respondent to file a responsive pleading within 21 days of service; and denying without prejudice #7 Motion for Appointment of Counsel. Signed by Magistrate Judge J. Thomas Ray on 02/02/2021. (ajt)
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| Filing 8 MOTION for Leave to Proceed in forma pauperis by Quayvon Peoples. (kdr) |
| Filing 7 MOTION to Appoint Counsel by Quayvon Peoples. (kdr) |
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Filing 6
ORDER extending, through 2/10/2021, the period for Peoples to submit the $5 filing fee, which must be done before this action may proceed. Signed by Magistrate Judge J. Thomas Ray on 1/20/2021. (kdr)
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| Filing 5 Notice of Filing Inmate Personal Request Withdrawal Form by Quayvon Peoples. (llg) |
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Filing 4
ORDER directing the Clerk of Court to change the Respondent to "Dexter Payne, Director, Arkansas Division of Correction"; denying #1 Motion for Leave to Proceed In Forma Pauperis; denying without prejudice #3 Motion for Appointment of Counsel; and directing Peoples to, on or before 1/22/2021, pay the $5 filing fee, in full. Signed by Magistrate Judge J. Thomas Ray on 12/23/2020. (kdr)
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| Filing 3 MOTION to Appoint Counsel by Quayvon Peoples. (kdr) |
| Filing 2 PETITION for Writ of Habeas Corpus, filed by Quayvon Peoples.(kdr) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Quayvon Peoples. (kdr) |
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