Shields v. Gibson
Derrick X Shields |
James Gibson, Kevin Murphy, Wendy Kelley and Jerry Bradshaw |
5:2018cv00265 |
October 19, 2018 |
US District Court for the Eastern District of Arkansas |
Beth Deere |
Edie R Ervin |
Brian S Miller |
Habeas Corpus (General) |
28 U.S.C. § 2254 |
None |
Docket Report
This docket was last retrieved on January 6, 2022. A more recent docket listing may be available from PACER.
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Filing 92 USCA Appeal Fees received; $505 receipt number LIT085111 re #88 Notice of Appeal filed by Derrick X Shields. (jbh) |
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Filing 90 USCA Docketing Letter as to #88 Notice of Appeal filed by Derrick X Shields. USCA Case Number 22-1043. (jbh) |
Filing 89 NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to #88 Notice of Appeal re #86 Order, #87 Judgment. NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. (jbh) |
Filing 88 NOTICE OF APPEAL as to #87 Judgment, #86 Order Adopting Report and Recommendations,, Order on Report and Recommendations, by Derrick X Shields. (Cutts, Kyle) |
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Filing 85 RESPONSE re #67 Objection to Report and Recommendations by Jerry Bradshaw (Attachments: #1 Exhibit A, #2 Exhibit B)(Berger, Vada) |
Filing 84 RESPONSE to Motion re #81 MOTION to Continue Hearing, for Status Conference, and for Entry of an Amended Scheduling Order filed by Derrick X Shields. (Crane, Megan) |
Filing 83 RESPONSE in Opposition re #79 MOTION for Discovery filed by Derrick X Shields. (Crane, Megan) |
Filing 82 BRIEF IN SUPPORT re #81 Motion to Continue , for Status Conference, and Entry of an Amended Scheduling Order filed by James Gibson. (Jackson, Adam) |
Filing 81 MOTION to Continue Hearing, for Status Conference, and for Entry of an Amended Scheduling Order by James Gibson (Jackson, Adam) |
Filing 80 BRIEF IN SUPPORT re #79 Motion for Discovery filed by Jerry Bradshaw. (Luebke, Joseph) |
Filing 79 MOTION for Discovery by Jerry Bradshaw (Attachments: #1 Exhibit A)(Luebke, Joseph) |
Filing 78 NOTICE by Jerry Bradshaw (Berger, Vada) |
NOTICE OF DOCKET CORRECTION re #10 Amended Petition for Writ of Habeas Corpus, #29 Response to Amended Habeas Petition, and #32 Response to Amended Habeas Petition. CORRECTION: A technical CM/ECF review identified the documents as corrupt image files. The documents were substituted with flattened pdf files by the Clerk's office to correct the issue. (jak) |
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Filing 76 REPLY to Response to Motion re #70 MOTION for Reconsideration filed by James Gibson. (Berger, Vada) |
Filing 75 RESPONSE to Motion re #70 MOTION for Reconsideration filed by Derrick X Shields. (Crane, Megan) |
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Filing 73 BRIEF IN SUPPORT re #72 Motion to Stay filed by James Gibson. (Berger, Vada) |
Filing 72 MOTION to Stay Hearing by James Gibson (Attachments: #1 Exhibit A)(Berger, Vada) |
Filing 71 BRIEF IN SUPPORT re #70 Motion for Reconsideration filed by James Gibson. (Berger, Vada) |
Filing 70 MOTION for Reconsideration by James Gibson (Berger, Vada) |
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Filing 68 Unopposed MOTION for Extension of Time to File Response/Reply as to #67 Objection to Report and Recommendations by James Gibson (Berger, Vada) |
Filing 67 OBJECTION to #60 Report and Recommendations by Derrick X Shields (Crane, Megan) |
Filing 66 STATUS REPORT by James Gibson. (Berger, Vada) |
Filing 65 NOTICE of Appearance by Adam Donner Jackson on behalf of James Gibson (Jackson, Adam) |
Filing 64 NOTICE of Appearance by Joseph Karl Luebke on behalf of James Gibson (Luebke, Joseph) |
Filing 63 INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 10/27/2021; Rule 26(f) Report due by 11/9/2021; Bench Trial set for 1/3/2022 at 9:30 a.m. in Little Rock Courtroom #2D before Judge Brian S. Miller. Signed at the Direction of the Court on 8/19/2021. (ljb) |
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Filing 61 Unopposed MOTION to Extend Time to File Objections to Recommended Disposition by Derrick X Shields (Cutts, Kyle) |
Filing 60 RECOMMENDED DISPOSITION recommending Petitioner's 2254 Petition and Amended Petition be dismissed with prejudice #1 #10 ; further recommending a Certificate of Appealability be denied; Objections due within 14 days of the date of this Recommended Disposition. Signed by Magistrate Judge Edie R. Ervin on 7/27/21. (tjb) |
Filing 59 NOTICE OF REASSIGNMENT. The Clerk's office has reassigned the referral of this case to Magistrate Judge Edie R. Ervin. Signed at the Direction of the Court on 5/28/2021.(kbc) |
Filing 58 RESPONSE re #55 Memorandum by James Gibson (Berger, Vada) |
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Filing 56 MOTION for Leave to File Response to Supplemental Memorandum Discussing Evidence in the Expanded Record by James Gibson (Berger, Vada) |
Filing 55 SUPPLEMENTAL MEMORANDUM DISCUSSING EVIDENCE IN THE EXPANDED RECORD by Derrick X. Shields. [Docketed pursuant to #54 Order] (jbh) |
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Filing 53 MOTION for Leave to File Supplemental Memorandum by Derrick X Shields (Attachments: #1 Exhibit Supplemental Memorandum Discussing Evidence in the Expanded Record)(Cutts, Kyle) |
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Filing 51 First MOTION for Leave to File Reply to Defendant's Response to Petitioner's Objections to Recommended Disposition by All Plaintiffs (Crane, Megan) |
Filing 50 RESPONSE to Motion re #41 MOTION for Discovery Renewed Motion for Limited Discovery filed by James Gibson. (Berger, Vada) |
Filing 49 RESPONSE re #43 Objection to Report and Recommendations,, by James Gibson (Attachments: #1 Exhibit Index, #2 Exhibit A- Arkansas Division of Corrections Status Assignment)(Berger, Vada) |
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Filing 47 Second MOTION for Extension of Time to File Response/Reply as to #43 Objection to Report and Recommendations,, #41 MOTION for Discovery Renewed Motion for Limited Discovery, #42 MOTION to Deem Admitted Motion to Expand the Record by Wendy Kelley (Berger, Vada) |
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Filing 45 NOTICE OF DOCKET CORRECTION re #44 MOTION for Extension of Time. CORRECTION: The docket text was modified to correct the linkage to include docket entries #41 , #42 , & #43 based on the attached correspondence. (jak) |
Filing 44 MOTION for Extension of Time to File Response/Reply as to #43 Objection, #42 Motion to Deem Admitted and and #41 Motion for Discovery by Wendy Kelley (Berger, Vada) (Docket text modified on 6/24/2020 to correct the linkage)(jak) |
Filing 43 OBJECTION to #34 Report and Recommendations by Derrick X Shields (Attachments: #1 Exhibit Declaration of Derrick Shields, #2 Exhibit Declaration re: Crystal Rogers, #3 Exhibit Travis Booker Video Recording, #4 Exhibit Travis Booker Transcript, #5 Exhibit Bolan Interrogation Video Recording, #6 Exhibit Bolan Interrogation Transcript, #7 Exhibit Marie Jackson Audio Recording, #8 Exhibit Marie Jackson Transcript, #9 Exhibit Stella Young Audio Recording, #10 Exhibit Stella Young Transcript)(Crane, Megan) Additional attachment added on 7/6/2020: #11 Exhibit Declaration of Derrick Shields - Correct. (kbc) |
Filing 42 MOTION to Deem Admitted Motion to Expand the Record by Derrick X Shields (Attachments: #1 Exhibit Declaration of Derrick Shields, #2 Exhibit Declaration re: Crystal Rogers, #3 Exhibit Lodged Video Exhibit (Travis Booker), #4 Exhibit Transcript of Travis Booker Statements, #5 Exhibit Lodged Video Exhibit (John Bolan), #6 Exhibit Transcript of John Bolan Interrogation, #7 Exhibit Lodged Audio Exhibit (Marie Jackson), #8 Exhibit Transcript of Marie Jackson, #9 Exhibit Lodged Audio Exhibit (Stella Young)), #10 Exhibit Transcript of Stella Young)(Crane, Megan) |
Filing 41 MOTION for Discovery Renewed Motion for Limited Discovery by Derrick X Shields (Attachments: #1 Exhibit Supboenas Requested)(Crane, Megan) |
Filing 40 EXHIBIT - audio-recording exhibits to #43 Objections to the Magistrate Judge's Recommended Disposition filed by Derrick X Shields. USB Thumb drive filed conventionally and maintained in the Clerks office. (fjg) |
Filing 39 EXHIBIT - Video Exhibits to #43 Objections to the Magistrate Judges Recommended Disposition filed by Derrick X Shields. DVD filed conventionally and maintained in the Clerks office. (fjg) |
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Filing 37 Second MOTION for Extension of Time to File Objections to Recommended Disposition by Derrick X Shields (Attachments: #1 Exhibit Proposed Order)(Crane, Megan) |
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Filing 35 First MOTION to Extend Time by 60 days by All Plaintiffs (Attachments: #1 Exhibit Proposed Order)(Crane, Megan) |
Filing 34 RECOMMENDED DISPOSITION recommending #1 Mr. Shields's petition for writ of habeas corpus and #10 amended petition for writ of habeas corpus be dismissed, with prejudice; #33 request for a hearing and his motion for limited discovery is denied as moot; and a certificate of appealability be denied. The Arkansas Department of Correction has been renamed the Arkansas Division of Correction. Accordingly, the Clerk is directed to update the docket sheet. Objections due within 14 days. Signed by Magistrate Judge Beth Deere on 03/06/2020. (ajt) (Docket text modified on 3/6/2020 to correct a typographical error) (jak) |
Filing 33 MOTION for Discovery of Documents and Deposition by All Plaintiffs (Attachments: #1 Exhibit Subpoenas)(Crane, Megan) |
Filing 32 Reply ISO Amended Habeas Petition RESPONSE to #10 Amended Petition for Writ of Habeas Corpus,,,,, by Derrick X Shields. (Attachments: #1 Document Index of Exhibits, #2 Exhibit Exhibit 17, #3 Exhibit Ex. 36, #4 Exhibit Ex. 37, #5 Exhibit Ex. 38, #6 Exhibit Ex. 39, #7 Exhibit Ex. 40, #8 Exhibit Ex. 41, #9 Exhibit Ex. 42, #10 Exhibit Ex. 43, #11 Exhibit Ex. 44)(Crane, Megan) |
NOTICE OF DOCKET CORRECTION re 31 Order. CORRECTION: The docket text was modified to correct the description as follows: "The petitioner's time to reply is extended to, and including, August 30, 2019." (cmn) |
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Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply as to #29 Response to Amended Habeas Petition,,,,,,,, by Derrick X Shields (Cutts, Kyle) |
Filing 29 RESPONSE to #10 Amended Petition for Writ of Habeas Corpus,,,,, by James Gibson, Wendy Kelley, Kevin Murphy. (Attachments: #1 Exhibit Index, #2 Exhibit A - Direct Appeal Record in Shields v. State, Arkansas Supreme Court Case No. CR-03-866, #3 Exhibit B - Appellants Brief in Shields v. State, Arkansas Supreme Court Case No. CR-03-866, #4 Exhibit C - Brief of Appellee in Shields v. State, Arkansas Supreme Court Case No. CR-03-866, #5 Exhibit D - Appellants Reply Brief in Shields v. State, Arkansas Supreme Court Case No. CR-03-866, #6 Exhibit E - Opinion in Shields v. State, Arkansas Supreme Court Case No. CR-03-866, #7 Exhibit F - Mandate in Shields v. State, Arkansas Supreme Court Case No. CR-03-866, #8 Exhibit G - Petition under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody in Shields v. Norris, United States District Court for the Eastern District of Arkansas, No. 5:04-CV-344-JLH, #9 Exhibit H - Respondents Response to Petitioners Petition for Writ of Habeas Corpus Order in Shields v. Norris, United States District Court for the Eastern District of Arkansas, No. 5:04-CV-344-JLH, #10 Exhibit I - Proposed Findings and Recommended Disposition in Shields v. Norris, United States District Court for the Eastern District of Arkansas, No. 5:04-CV-344-JLH, #11 Exhibit J - Order in Shields v. Norris, United States District Court for the Eastern District of Arkansas, No. 5:04-CV-344-JLH, #12 Exhibit K - Judgment in Shields v. Norris, United States District Court for the Eastern District of Arkansas, No. 5:04-CV-344-JLH, #13 Exhibit L - Petition for Writ of Habeas Corpus in Shields v. Kelley, Lincoln County Circuit Court Case No. 40CV-16-69, #14 Exhibit M - Order Granting Writ of Habeas Corpus and Vacating Sentence in Shields v. Kelley, Lincoln County Circuit Court Case No. 40CV-16-69, #15 Exhibit N - Sentencing Order in State v. Shields, Mississippi County Circuit Court Case No. 47BCR-2001-107, #16 Exhibit O - Juvenile Transfer Record in Shields v. State, Arkansas Court of Appeals Case No. CACR-02-541)(Berger, Vada) |
Filing 28 NOTICE of Appearance by Vada Berger on behalf of Wendy Kelley, Kevin Murphy (Berger, Vada) |
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NOTICE OF DOCKET CORRECTION re #26 MOTION. CORRECTION: The docket text was modified to correct a typographical error. (jak) |
Filing 26 MOTION for Extension of Time to File Answer re #10 Amended Petition for Writ of Habeas Corpus by Wendy Kelley (Holt, Kent) (Docket text modified on 4/30/2019 to correct a typographical error) (jak) |
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Filing 24 First MOTION to Substitute Party Add Defendants Wendy Kelley and Kevin Murphy by Derrick X Shields (Crane, Megan) |
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Filing 22 MOTION for Extension of Time to File Answer re #10 Amended Petition for Writ of Habeas Corpus,,,,, by James Gibson (Berger, Vada) |
Filing 21 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (csf) |
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Filing 19 MOTION for Extension of Time to File Answer re #10 Amended Petition for Writ of Habeas Corpus,,,,, by James Gibson (Berger, Vada) |
Filing 18 NOTICE of Appearance by Kent G. Holt on behalf of James Gibson (Holt, Kent) |
Filing 17 NOTICE of Appearance by Vada Berger on behalf of James Gibson (Berger, Vada) |
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Filing 14 OBJECTIONS by Derrick X Shields re #11 Report and Recommendations,,,. (Cutts, Kyle) |
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Filing 12 MOTION to Extend Time to File Objections to Recommendation Disposition by Derrick X Shields (Cutts, Kyle) |
Filing 11 RECOMMENDED DISPOSITION recommending that Mr. Shields's #2 MOTION to hold his petition in abeyance and to transfer his case be GRANTED in part and DENIED in part. Mr. Shields needs permission from the Court of Appeals to proceed. 28 U.S.C. 2244(b)(3)(A). Therefore, his motion to transfer should be GRANTED. His #1 petition for writ of habeas corpus and #10 amended petition for writ of habeas corpus should be transferred to the United States Court of Appeals for the Eighth Circuit for consideration as a request for authorization to proceed with a second or successive habeas petition. Mr. Shields's motion to hold his case in abeyance while the court of appeals considers his request to file a successive petition, however, should be DENIED because this Court currently lacks jurisdiction to stay the case. Objections due within 14 days. Signed by Magistrate Judge Beth Deere on 11/26/2018. (csf) |
Filing 10 First AMENDED PETITION for Writ of Habeas Corpus , filed by Derrick X Shields Related document: #1 Petition for Writ of Habeas Corpus, filed by Derrick X Shields. (Attachments: #1 Exhibit Police Reports, #2 Exhibit Trial Transcripts, #3 Exhibit Expert Report, #4 Exhibit Expert Report, #5 Exhibit Trial Expert Report, #6 Exhibit Records, #7 Exhibit Evidence, #8 Exhibit Media Reports, #9 Exhibit Police Reports, #10 Exhibit Expert Report, #11 Exhibit Police Reports, #12 Exhibit Police Reports, #13 Exhibit Witness Affidavit, #14 Exhibit Police Reports, #15 Exhibit Witness Affidavit, #16 Exhibit Correspondence, #17 Exhibit Expert Report, #18 Exhibit Judicial Opinion, #19 Exhibit Witness Affidavit, #20 Exhibit Witness Affidavit, #21 Exhibit Witness Affidavit, #22 Exhibit Media Reports, #23 Exhibit Expert Report, #24 Exhibit Police Reports, #25 Exhibit Correspondence, #26 Exhibit Correspondence, #27 Exhibit Police Reports, #28 Exhibit Records, #29 Exhibit Police Reports, #30 Exhibit Judicial Opinion, #31 Exhibit Correspondence, #32 Exhibit Judicial Opinion, #33 Exhibit Records, #34 Document INDEX OF EXHIBITS, #35 Exhibit Police Reports)(Crane, Megan) |
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Filing 7 Deficiency Letter from Clerk of Court notifying party that #5 and #6 Motions for Leave to Appear Pro Hac Vice lack a correct case number (Local Rule 5.5(a)). (jak) |
Filing 6 MOTION for Leave to Appear pro hac vice by Laura Nirider. Fee $100 receipt number 0860-3344036. Filed by Derrick X Shields (Crane, Megan) (Additional attachment(s) added on 11/6/2018: #1 Main Document - Correct (submitted 11/6/2018)) (jak). |
Filing 5 MOTION for Leave to Appear pro hac vice by Steven Drizin. Fee $100 receipt number 0860-3344025. Filed by Derrick X Shields (Crane, Megan) (Additional attachment(s) added on 11/6/2018: #1 Main Document - Correct (submitted 11/6/2018)) (jak). |
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Filing 3 MOTION for Leave to Appear pro hac vice by Megan G. Crane filed by Derrick X Shields. Fee of $100 paid, Receipt #LIT069277. (ljb) |
Filing 2 PROTECTIVE MOTION TO HOLD HABEAS PROCEEDINGS IN ABEYANCE AND TRANSFER 2254 PETITION TO THE COURT OF APPEALS FOR "SECOND OR SUCCESSIVE" DETERMINATION by Derrick X Shields. (ljb) |
Filing 1 PETITION for Writ of Habeas Corpus filed by Derrick X Shields. (Filing fee of $5 paid, Receipt #LIT069277) (Attachments: #1 Exhibits Volume 1, #2 Exhibits Volume 2, #3 Exhibits Volume 3, #4 Exhibits Volume 4, #5 Civil Cover Sheet) (ljb) |
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