Barnett v. Kentucky State Reformatory
Petitioner: Gary Barnett
Respondent: Kentucky State Reformatory
Case Number: 2:2020cv00110
Filed: July 30, 2020
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Hanly A Ingram
Referring Judge: Robert E Wier
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 15, 2020 Filing 6 NOTICE OF APPEARANCE by Kentucky State Reformatory. (Ryan, Perry)
September 4, 2020 Opinion or Order Filing 5 ORDER: 1) That the Clerk of Court shall serve a copy of the Petition and this Order upon Respondent and the Attorney General of the Commonwealth of Kentucky; 2) That the Commonwealth shall assist the Court in fulfilling its duties under 18 U.S.C. 3771(b)(2). To that end, the Court expects the Commonwealth to know the identity of any victim as defined by section 3771(b)(2)(D) and to keep such person(s) reasonably apprised of developments and public hearings in the case. Further, the Commonwealth shall provide to such person(s) a copy of section 3771. The Commonwealth shall file a notice certifying its compliance with this paragraph within forty-five (45) days. 3) That within sixty (60) days from the date of entry of this Order, Respondent shall file an answer, motion, or other response that addresses both the substance of the claims and whether the petition is barred due to failure to exhaust state remedies, a procedural bar, non-retroactivity, or a statute of limitations, 4) That with the response, Respondent shall indicate what transcripts are available, when they can be furnished, and what proceedings have been recorded but not transcribed. Respondent shall also attach to the answer either parts of the transcript he considers relevant or, if he cannot obtain the transcript, a narrative summary of the evidence; 5) That Respondent shall file a copy of any brief submitted by Petitioner in an appellate court contesting his conviction or sentence or an adverse judgment/order in a post-conviction proceeding; 6) That Respondent shall file a copy of any brief submitted by the prosecution in an appellate court relating to Petitioners conviction or sentence; 7) That Respondent shall file a copy of the opinions and dispositive orders of the appellate court relating to Petitioners conviction or sentence; 8) That upon the filing of the response, the Clerk of Court shall forward the record in this matter to the undersigned for further review; and 9) That all pleadings must be submitted to the Clerk of Court. Each party shall be required to include thereupon the required certificate of service, indicating that a copy of any such documents has been served upon the opposing party or its counsel, if represented by counsel. Any document received by the Clerk of Court that fails to include the required certificate of service shall not be filed and shall be returned to the party or counsel submittingsuch document.. Signed by Magistrate Judge Hanly A. Ingram on 09/04/2020.(KRB)cc: CORand ANNA VALENTINE, Warden and Attorney General of the Commonwealth of Kentucky, by US Mail
September 4, 2020 NOTICE OF DOCKET MODIFICATION TO David S. Mejia re #4 REPLY ERROR attachments were insufficiently described as Exhibit. Entry by attorney; Correction the Clerk renamed the attached. Attachments must be adequately described. Example: Exhibit A (INCORRECT) Exhibit A Affidavit of John Doe (CORRECT). No further action required by counsel cc: cc: COR (KRB)
September 3, 2020 Filing 4 REPLY to #3 The Show Cause Order [DN 3] filed by Gary Barnett. (Attachments: #1 Exh. 1 Commonwealth of KY Opinion #2Exh. 2 Request for Case file from Robertson Circuit Court #3 Exh. 3 Motion for Case File, #4 Exh. 4 email 3-4-16 #5Exh. 5 Robertson Circuit Court Order 4-18-14 #6Exh. 6 Email 5-27-14, #7 Exh. 7 6-5-14 Invoice Statement, #8 Exh. 8 July 16, 2014 letter to Mr. Barnett #9 Exh. 9 August 8, 2014 Letter to Mr. Barnett, #10 Exh. 10 September 30, 2014 letter to Ms. Pollard, #11 Exh. 11 October 20, 2014 Letter to Ms. Pollard, #12 Exh. 12 Memo, #13Exh. 13 11-24-14 Email, #14 Exh. 14 Robertson Circuit Court Notice-Motion-Order, #15Exh. 15 2-13-15 Robertson Circuit Court Order, #16 Exh. 16 Robertson Circuit Court RCr 11.42 Petition #17 Exh. 17 Robertson Circuit Court Opinion and Order, #18 Exh. 18 Supreme Court of Kentucky Order (Mejia, David) Modified text on 9/4/2020 (KRB).
August 4, 2020 Opinion or Order Filing 3 ORDER: that by no later than Friday, September 4, 2020, Barnett shall SHOW CAUSE why this matter should not be dismissed as untimely. His response to this show-cause order SHALL be strictly limited to the issue of the timeliness of his petition. If he fails to provide a sufficient basis in law or fact to toll the limitations period, including through equitable tolling, the Court, on this record, will recommend that the 2254 petition be dismissed.. Signed by Magistrate Judge Hanly A. Ingram on 08/04/2020.(KRB)cc: COR
July 30, 2020 Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 0643-4736613.), filed by Gary Barnett. (Attachments: #1 Opinion and Order, #2 Appeal)(ECO)
July 30, 2020 Conflict Check run. (ECO)
July 30, 2020 ***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #1 Petition for Writ of Habeas Corpus (ECO)

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Respondent: Kentucky State Reformatory
Represented By: Perry T. Ryan
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Petitioner: Gary Barnett
Represented By: David S. Mejia
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