McKee v. Payne
| Jerry McKee |
| Arkansas, State of and Dexter Payne |
| 4:2021cv00910 |
| September 30, 2021 |
| US District Court for the Eastern District of Arkansas |
| Kristine G Baker |
| Joe J Volpe |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 13
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER after careful consideration of Petitioner's motion for discovery or subpoena and the RULES GOVERNING SECTION 2254 CASES IN THE UNITED STATES DISTRICT COURTS, I find the motion should be denied at this time #11 . Petitioner's motion for status is granted and no further action by Petitioner is necessary #12 . The Court has not received a previous motion for an extension of time to file a reply. If Petitioner wishes to file a reply, he shall do so by 12/10/2021. Signed by Magistrate Judge Joe J. Volpe on 11/22/2021. (lej)
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Filing 12
MOTION for Status by Jerry McKee. (llg)
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Filing 11
MOTION for Discovery or Subpoena's by Jerry McKee. (llg)
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Filing 10
RESPONSE to #1 Petition for Writ of Habeas Corpus by Dexter Payne. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 5 - Continued, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8)(Warthen, Christopher)
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Filing 9
ADDENDUM to #1 Petition for Writ of Habeas Corpus filed by Jerry McKee. (llg)
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Filing 8
NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej)
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Filing 7
NOTICE of Appearance by Christopher Ray Warthen on behalf of Dexter Payne (Warthen, Christopher)
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Filing 6
ORDER granting #3 Petitioner's Application to Proceed Without Prepayment of Fees and Affidavit; and directing the Clerk of the Court to serve a copy of #1 Petition for Writ of Habeas Corpus and this Order on the respondent and the Arkansas Attorney General by mail. Respondent shall file an answer, motion, or other pleading responsive to the Petition within 40 days after service of this Petition, exclusive of the day of service. Signed by Magistrate Judge Joe J. Volpe on 10/12/2021. (jbh)
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Filing 5
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Petitioner's motion for order #4 . A civil litigant does not have a constitutional or statutory right to appointed counsel in a habeas action but the Court may appoint counsel at its discretion. The Court has considered Petitioner's need for an attorney at this juncture, the likelihood that he will benefit from assistance of counsel, the factual complexity of the case, the Petitioner's ability to investigate and present his case, and the complexity of the legal issues. In considering these factors, the Court finds that, at this time, Petitioner's claims do not appear legally or factually complex, and it appears from the face of his Petition he is capable of prosecuting his claims without appointed counsel. Signed by Magistrate Judge Joe J. Volpe on 10/8/2021. (lej)
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Filing 4
MOTION for Order by Jerry McKee. (kdr)
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NOTICE OF DOCKET CORRECTION re #1 Petition for Writ of Habeas Corpus. CORRECTION: The docket entry was modified to correct the file date as 9/30/2021 as marked on the document. (jak)
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Filing 3
MOTION for Leave to Proceed in forma pauperis by Jerry McKee. (llg)
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Filing 2
NOTICE by Jerry McKee. (llg)
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Filing 1
PETITION for Writ of Habeas Corpus filed by Jerry McKee. (llg) (Docket entry modified on 10/7/2021 to correct the file date) (jak)
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