Lewis v. Payne
| M Gutierrez and Dexter Payne |
| Arron Michael Lewis |
| 4:2023cv01013 |
| October 20, 2023 |
| US District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| Joe J Volpe |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 26 ANSWER to Complaint by Dexter Payne. (Attachments: #1 Exhibit Index, #2 Exhibit 1-1 - Supreme Court Record CR-16-413 Vol. 1 of 8, #3 Exhibit 1-2 - Supreme Court Record CR-16-413 Vol. 2 of 8, #4 Exhibit 1-3 - Supreme Court Record CR-16-413 Vol. 3 of 8, #5 Exhibit 1-4 - Supreme Court Record CR-16-413 Vol. 4 of 8, #6 Exhibit 1-5 - Supreme Court Record CR-16-413 Vol. 5 of 8, #7 Exhibit 1-6 - Supreme Court Record CR-16-413 Vol. 6 of 8, #8 Exhibit 1-7 - Supreme Court Record CR-16-413 Vol. 7 of 8, #9 Exhibit 1-8 - Supreme Court Record CR-16-413 Vol. 8 of 8, #10 Exhibit 1-9 - Supreme Court Record CR-16-413 Writ Returned, #11 Exhibit 2-1 - CR-16-413 Brief of Appellant Vol. 1 of 2, #12 Exhibit 2-2 - CR-16-413 Brief of Appellant Vol. 2 of 2, #13 Exhibit 3 - CR-16-413 Brief of Appellee/Cross-Appellant, #14 Exhibit 4 - CR-16-413 Reply Brief of Appellant/Cross-Appellee, #15 Exhibit 5 - CR-16-413 Reply Brief of Appellee/Cross-Appellant, #16 Exhibit 6 - CR-16-413 Arkansas Supreme Court Opinion, #17 Exhibit 7 - CR-16-413 Appellants Petition for Rehearing, #18 Exhibit 8 - CR-16-413 Appellees Response to Petition for Rehearing, #19 Exhibit 9 - CR-16-413 Arkansas Supreme Court Opinion Dissent from Denial of Rehearing, #20 Exhibit 10 - CR-16-413 Arkansas Supreme Court Mandate Issued 9-14-2017., #21 Exhibit 11 - Pen Pack)(Warthen, Christopher) |
| Filing 25 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej) |
| Filing 24 NOTICE of Appearance by Christopher Ray Warthen on behalf of Dexter Payne (Warthen, Christopher) |
Filing 23
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying as moot Petitioner's motion to amend #20 . The Court has amended the docket to reflect the correct respondent. Petitioner's motion for copies is granted #21 . The Clerk shall mail a docket sheet to Petitioner. Signed by Magistrate Judge Joe J. Volpe on 11/14/2023. (lej)
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| Filing 22 NOTICE by Dexter Payne (Warthen, Christopher) |
| Filing 21 MOTION for Copies by Arron Michael Lewis. (ldb) |
| Filing 20 MOTION to Amend #1 Petition for Writ of Habeas Corpus, by Arron Michael Lewis. (ldb) |
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Filing 19
ORDER that the Clerk shall amend the docket to classify Mr. Lewis's Petition for Writ of Habeas as one pursuant to 28 U.S.C. 2254. The Clerk shall amend the docket to substitute Dexter Payne, Director of the Arkansas Division of Correction, as respondent. Respondent Gutierrez is dismissed as a party to this action. The Clerk shall serve a copy of the #1 Petition for Writ of Habeas Corpus, and this Order on the respondent and the Arkansas Attorney General by regular mail. Respondent shall file an answer, motion, or other pleading responsive to the Petition within 40 days after service of the Petition, exclusive of the day of service. Signed by Magistrate Judge Joe J. Volpe on 11/2/2023. (lej)
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Filing 18
ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 3/21/2023. (kdr)
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| Filing 17 Case electronically transferred in from District of California Central; Case Number 2:22-cv-05832. Electronic file copy of transfer order and docket sheet received. |
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Filing 16
ORDER TRANSFERRING ACTION TO THE EASTERN DISTRICT OF ARKANSAS by Magistrate Judge Alicia G. Rosenberg. Original file, certified copy of the transfer order and docket sheet sent electronically. (see document for details) (MD JS-6. Case Terminated.) (hr) [Transferred from cacd on 10/20/2023.]
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| Filing 15 RESPONSE in Opposition to MOTION to Dismiss #13 filed by Petitioner Arron Michael Lewis. (hr) [Transferred from cacd on 10/20/2023.] |
| Filing 14 Petitioner's Response in OPPOSITION to Respondents NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #13 filed by Petitioner Arron Michael Lewis. (es) [Transferred from cacd on 10/20/2023.] |
| Filing 13 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by respondent M. Gutierrez. (Attachments: #1 Exhibit) (Youpee-Roll, April) [Transferred from cacd on 10/20/2023.] |
| Filing 12 NOTICE of Change of address Changing attorneys address to Arron Michael Lewis REG. NO. 16557-045, US Pententiary Atwater, PO Box 019001, Atwater, CA. 95301. Filed by Petitioner Arron Michael Lewis. (et) [Transferred from cacd on 10/20/2023.] |
| Filing 11 NOTICE OF LODGING filed PROOF OF SERVICE re Notice of Appearance or Withdrawal of Counsel (G-123), #10 (Youpee-Roll, April) [Transferred from cacd on 10/20/2023.] |
| Filing 10 Notice of Appearance or Withdrawal of Counsel: for attorney April D. Youpee-Roll counsel for Respondent M. Gutierrez. Adding April D. Youpee-Roll as counsel of record for M. Gutierrez, Respondent for the reason indicated in the G-123 Notice. Filed by Respondent M. Gutierrez. (Attorney April D. Youpee-Roll added to party M. Gutierrez(pty:res))(Youpee-Roll, April) [Transferred from cacd on 10/20/2023.] |
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Filing 9
ORDER REQUIRING RESPONSE TO PETITION (FEDERAL CUSTODY) by Magistrate Judge Alicia G. Rosenberg. Within 14 days, Respondent shall serve and file a Notice of Appearance notifying the court of the name of the attorney who will have principal charge of the case, together with the address where the attorney may be served, and the attorney's telephone and fax number. Respondent M. Gutierrez file Answer to the Petition not later than 9/12/2023. Motions to Dismiss shall be filed by 8/28/2023. Notice: The court has issued a ruling on preliminary review. Pursuant to the Agreement on Acceptance of Service between the Clerk of Court and the United States Attorneys Office, this Notice constitutes service under Fed. R. Civ. P. 4. (See Order for Further Details). (Attachments: #1 Petition) (kl) [Transferred from cacd on 10/20/2023.]
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| Filing 8 NOTICE of Change of Address to USP VICTORVILLE, P.O. BOX 3900, ADELANTO, CA 92301. Filed by Petitioner Arron Michael Lewis. (hr) [Transferred from cacd on 10/20/2023.] |
| Filing 7 Letter from Petitioner Arron Michael Lewis. (kl) [Transferred from cacd on 10/20/2023.] |
| Filing 6 NOTICE of Change of address Changing attorneys address to Arron Michael Lewis REG. NO. 16557-045 US Pententiary Big Sandy PO Box 2068, Inez, KY 41224. Filed by Petitioner Arron Michael Lewis. (et) [Transferred from cacd on 10/20/2023.] |
| Filing 5 NOTICE of Change of Address to USP Atlanta, U.S. Penitentiary, P.O. Box 150160, Atlanta, GA 30315. Filed by Petitioner Arron Michael Lewis. (hr) [Transferred from cacd on 10/20/2023.] |
| Filing 4 FINANCIAL ENTRY: Received $5.00 from Arron M. Lewis on 9/13/2022. Re: Petition for Writ of Habeas Corpus (2241) #1 . Receipt number LA243791. (jo) [Transferred from cacd on 10/20/2023.] |
| Filing 3 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Sunshine Suzanne Sykes and referred to Magistrate Judge Alicia G. Rosenberg, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (et) [Transferred from cacd on 10/20/2023.] |
| Filing 2 Notice Re: Discrepancies in Filing of Habeas Corpus Petition (CV-111). Upon submission of your petition for writ of habeas corpus, it was noted that you did not pay the appropriate filing fee. If you are unable to pay the entire filing fee at this time, you must sign and complete the Request to Proceed Without Prepayment of Filing Fees with Declaration in Support form (CV-60P) attached. You may return your fee waiver and/or payment to any of the Courthouses listed on this notice. If you do not respond within THIRTY DAYS from the date below, your action may be dismissed. Re: Petition for Writ of Habeas Corpus (2241) #1 . (et) [Transferred from cacd on 10/20/2023.] |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241). Case assigned to Judge Sunshine Suzanne Sykes and referred to Magistrate Judge Alicia G. Rosenberg., filed by Petitioner Arron Michael Lewis. (et) [Transferred from cacd on 10/20/2023.] |
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