Lay v. McCain et al
| Richard B Lay |
| S W McCain and Sandy McCain |
| Attorney General State of Louisiana |
| 2:2019cv09803 |
| April 19, 2019 |
| US District Court for the Eastern District of Louisiana |
| Sarah S Vance |
| Joseph C Wilkinson |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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Filing 22
MOTION to Amend Complaint by Richard B Lay. Motion(s) referred to Joseph C. Wilkinson, Jr. (Attachments: #1 Proposed Pleading)(mm)
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Filing 21
ORDER granting #20 Motion for Extension of Time to Answer re #1 Petition for Writ of Habeas Corpus (28:2254) and that the Respondent be given an additional twenty-one (21) days or until 7/12/2019, to produce the state court record and file a response in the captioned case. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 6/24/2019. (caa)
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Filing 20
EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Petition for Writ of Habeas Corpus (28:2254) by S W McCain. Motion(s) referred to Joseph C. Wilkinson, Jr. (Attachments: #1 Proposed Order) Attorney Matthew Caplan added to party S W McCain(pty:dft).(Caplan, Matthew) Modified text on 6/21/2019 (mm).
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Filing 14
Correction of Docket Entry by Clerk re #12 Summons Returned Executed. **DOCUMENT WAS FILED IN WRONG CASE- CLERK HAS RE-FILED DOCUMENT IN THE CORRECT CASE** No further action necessary. (mmv)
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Filing 11
Return of Service of H/C Response Order served on Attorney General's Office on 5/8/2019.(mm)
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Filing 10
Return of Service of H/C Response Order served on Washington Parish Clerk 5/7/2019, served on Washington Parish DA on 5/7/2019. (Attachments: #1 Green Card-Washington Parish DA)(mm)
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Filing 13
Return of Service of H/C Response Order served on Washington Parish District Attorney on 5/1/2019. (cg) Modified to correct text on 5/20/2019 (mmv).
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Filing 12
**DOCUMENT WAS FILED IN WRONG CASE- CLERK HAS FILED DOCUMENT IN THE CORRECT CASE** Return of Service of Habeas Corpus Response Order served on Attorney General on (no date). (cg) Modified to correct text, filed in wrong case- document has been refiled in correct case on 5/20/2019 (mmv).
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Filing 9
Habeas Corpus Response Order: IT IS ORDERED that the Attorney General and District Attorney and Clerk file an answer to the application, together with a legal memorandum of authorities in support of the answer, no later than June 21, 2019. The previously imposed stay has been lifted, and this habeas corpus case under 28 U.S.C. 2254 has been reopened by order of the district judge. Record Doc. No. #8 . Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 5/6/2019.(mmv) (Additional attachment(s) added on 5/6/2019: #1 Certified Mail Receipts of H/C Reponse Order to Atty General, District Atty and Clerk of Washington Parish) (mmv). Modified text on 6/17/2019 (mmv).
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Filing 8
ORDER: The Court has been advised that sanctions against Mr. Lay have been satisfied. Accordingly, IT IS ORDERED that the Court's April 30, 2019 order administratively closing this matter is vacated and set aside. IT IS FURTHER ORDERED that the Magistrate Judge's order granting leave to proceed in forma pauperis is reinstated. Signed by Judge Sarah S. Vance on 5/6/2019.(mm) (NEF: Magistrate Judge Wilkinson, Case Manager for Judge Wilkinson)
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Filing 7
Return of Service of H/C Response Order served on Washington Parish Clerk (No Date).(mm)
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Filing 6
ORDER: In light of the court's order, Record Doc. No. #5 , the briefing order previously issued, Record doc. No. #4 , is VACATED AND RESCINDED. No response from defendants is required at this time. The Clerk is directed to provide a copy of this order to the Attorney General for the State of Louisiana and the District Attorney and the Clerk of Court for Washington Parish, Louisiana. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 5/1/2019.(mmv)
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Filing 5
ORDER - This matter is hereby administratively closed until Mr. Lay provides certification that he has satisfied all sanctions imposed upon him by this Court and by the Fifth Circuit Court of Appeal. FURTHER ORDERED that the Magistrate Judge's order granting in forma pauperis is hereby VACATED AND RESCINDED. Signed by Judge Sarah S. Vance on 4/30/19. (NEF: Magistrate Wilkinson) (Clerk notified LA AG, Washington Parish DA and COC)(sbs)
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Filing 4
**VACATED AND RESCINDED PER ORDER, REC. DOC. 6** Habeas Corpus Response Order that Attorney General for the State of Louisiana and the District Attorney and Clerk for Washington Parish respond to the petition of Habeas Corpus within 30 days. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 4/29/2019.(mmv) (Additional attachment(s) added on 4/29/2019: #1 Certified Mail Receipts of H/C Reponse Order to Atty General, District Atty and Clerk of Washington Parish) (mmv). Modified on 5/2/2019 (mmv).
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Filing 3
ORDER GRANTING #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 4/29/2019. (mmv)
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Filing 2
EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Richard B Lay. Motion(s) referred to Joseph C. Wilkinson, Jr. (mm)
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Filing 1
PETITION for Writ of Habeas Corpus (28:2254) filed by Richard B Lay. (Attachments: #1 Exhibit, #2 Exhibits 1, 2, 3, 4, E, 5, B, C, #3 Exhibits 6, 7, #4 Exhibit A Part 1, #5 Exhibit A Part 2, #6 Exhibits 8, 9, 10, 11, A, #7 Exhibits 3, G, #8 Civil Cover Sheet)(mm)
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