Gibson v. Bickham et al
| Clarence Otis Gibson |
| E Dustin Bickham |
| Attorney General State of Louisiana |
| 2:2023cv07269 |
| December 12, 2023 |
| US District Court for the Eastern District of Louisiana |
| Lance M Africk |
| Eldon E Fallon |
| Janis van Meerveld |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 49 Return of Service of Habeas Corpus Response Order, doc. 36, served on Jefferson Parish District Attorney's Office on 1/11/24(gla) |
| Filing 48 Return of Service of Habeas Corpus Response Order, doc 36, served on Jefferson Parish Clerk 24th JDC on 1/11/24(gla) |
Filing 47
ORDER Granting #46 Motion for Extension of Time to Answer. IT IS HEREBY ORDERED that the Respondent be given an additional twenty-one days, or until February 26, 2024, to file a response in the above captioned case. Signed by Magistrate Judge Janis van Meerveld on 2/7/2024. (lb)
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| Filing 46 EXPARTE/CONSENT First MOTION for Extension of Time to Answer re #34 Petition for Writ of Habeas Corpus (28:2254), by E Dustin Bickham. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Order)Attorney Darren Anthony Allemand added to party E Dustin Bickham(pty:dft).(Allemand, Darren) Modified text on 2/6/2024 (my). |
| Filing 45 MOTION for Leave to File Amended Complaint filed by Clarence Otis Gibson. Motion(s) referred to Janis van Meerveld. (ss) |
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Filing 44
ORDER REFERRING MOTIONS: #43 MOTION for Leave to File, #42 MOTION for Leave to File. Motion(s) referred to Janis van Meerveld.. Signed by Judge Eldon E. Fallon on 1/24/2024.(my)(NEF: MJ 1)
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| Filing 43 MOTION for Leave to File Amended Complaint filed by Clarence Otis Gibson. (ss) |
| Filing 42 MOTION for Leave to File Amended Complaint filed by Clarence Otis Gibson. (ss) |
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Filing 41
ORDER: Petitioner has now filed an objection to that response order, as well as a letter further explaining his objection. Rec. Docs. #38 and #40 . The Court hereby construes those filings as requests for reconsideration. Because the record belies petitioner's allegations in support of his requests for reconsideration, those requests are DENIED. Signed by Magistrate Judge Janis van Meerveld on 1/22/2024.(alm)
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| Filing 40 Letter to Court from Clarence Otis Gibson dated January 10, 2024. (ss) |
| Filing 39 Return of Service of H/C Response Order served on LA Attorney General on 1/11/2024(my) |
| Filing 38 OBJECTIONS filed by Clarence Otis Gibson re #36 Habeas Corpus Response Order. (ss) Images QC'd on 1/22/2024 (amj). |
| Filing 37 Response filed by Clarence Otis Gibson to #33 Order (ss) Images QC'd on 1/22/2024 (amj). |
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Filing 36
Habeas Corpus Response Order that Attorney General for the State of Louisiana and the District Attorney for Jefferson Parish respond to the Amended and Superseding Petition, Rec. Doc. #34 , of Habeas Corpus within 30 days. Signed by Magistrate Judge Janis van Meerveld on 1/5/2024. (rt) (Additional attachment(s) added on 1/5/2024: #1 Certified Mail Receipts: Attorney General, Clerk of Court, District Attorney) (rt).
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Filing 35
ORDER: On January 3, 2024, the Court issued an Order noting that petitioner had not returned the form previously provided to him for the filing of his amended and superseding petition. Rec. Doc. 33. Shortly after that Order was docketed, the Court received the required form from petitioner. Rec. Doc. 34. Accordingly, no further action by petitioner is required at this time. Signed by Magistrate Judge Janis van Meerveld on 1/5/2024.(lb)
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| Filing 34 AMENDED AND SUPERSEDING PETITION for Writ of Habeas Corpus (28:2254) filed by Clarence Otis Gibson.(ss) Images QC'd on 1/12/2024 (amj). |
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Filing 33
ORDER: IT IS ORDERED that that petitioner file an amended and superseding petition on or before January 15, 2024, by using the form accompanying this Order. If petitioner fails to file an amended and superseding petition as ordered herein, the undersigned will recommend that this matter be dismissed for failure to prosecute. Signed by Magistrate Judge Janis van Meerveld on 1/3/2024. (Attachments: #1 Accompanying Form for Amended and Superseding Petiton)(lb)
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| Filing 32 Response by Clarence Otis Gibson to #27 Order. (bwn) |
| Filing 31 Response by Clarence Otis Gibson to #27 Order. (bwn) |
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Filing 30
ORDER Denying #29 Motion to Expedite. Although petitioner is presumably asking that the Court expedite his case, there is currently nothing to expedite. On the contrary, the Court is still waiting for petitioner to file an amended and superseding petition. See Rec. Doc. #27 . Once that amended and superseding petition is filed, the Court will order the state to respond, and this matter will then be considered in due course. Signed by Magistrate Judge Janis van Meerveld on 1/2/2024. (lb)
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| Filing 29 MOTION to Expedite filed by Clarence Otis Gibson. (ss) |
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Filing 28
ORDER OF RECUSAL. Judge Lance M Africk recused. Case reassigned to Judge Eldon E. Fallon. Signed by Judge Lance M Africk on 12/20/2023. (NEF: Section L)(ko)
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Filing 27
ORDER that the petitioner file an amended and superseding petition on or before January 15, 2024, by using the form accompanying this Order. If petitioner fails to file an amended and superseding petition as ordered herein, the undersigned will recommend that this matter be dismissed for failure to prosecute. Signed by Magistrate Judge Janis van Meerveld on 12/13/2023. (Attachments: #1 Accompanying Form to Amend Petition)(lb)
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| Filing 26 Case transferred in from District of Louisiana Western; Case Number 5:23-cv-00861. Electronic file certified copy of transfer order and docket sheet received (my) (Additional attachment(s) added on 12/12/2023: #2 Civil Cover Sheet) (my). |
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Filing 25
MEMORANDUM ORDER: IT IS ORDERED that Gibson's 2254 Petition be and is hereby TRANSFERRED to the United States District Court for the Eastern District of Louisiana for further review. Signed by Magistrate Judge Joseph H L Perez-Montes on 12/8/2023. (crt,Haik, K) [Transferred from lawd on 12/12/2023.]
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| Filing 24 MOTION for Extradiction by Clarence Otis Gibson. Motions referred to Magistrate Judge Joseph H L Perez-Montes. Motion Ripe Deadline set for 12/6/2023. (Attachments: #1 Envelope)(crt,Taylor, L) [Transferred from lawd on 12/12/2023.] |
| Filing 23 SUPPLEMENTAL RESPONSE in Support by Clarence Otis Gibson re #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Exhibit, #2 Envelope)(crt,Haik, K) [Transferred from lawd on 12/12/2023.] |
| Filing 22 REQUEST from Clarence Gibson for invoice for cost of copies for dockets 17 and 18. Clerk mailed copy work invoice letter on 10/26/2023. (Public entry, but no electronic notice.) (Attachments: #1 Copy work request, #2 Envelope, #3 Envelope, #4 Letter) (crt,Bowman, A) [Transferred from lawd on 12/12/2023.] |
| Filing 21 SUPPLEMENTAL RESPONSE in Support by Clarence Otis Gibson re #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from lawd on 12/12/2023.] |
| Filing 20 SUPPLEMENTAL RESPONSE in Support by Clarence Otis Gibson re #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from lawd on 12/12/2023.] |
| Filing 19 AMENDED PETITION for Writ of Habeas Corpus filed by Clarence Otis Gibson. (Attachments: #1 Exhibit, #2 Envelope)(crt,Haik, K) [Transferred from lawd on 12/12/2023.] |
| Filing 18 AMENDED PETITION for Writ of Habeas Corpus (Part 1) filed by Clarence Otis Gibson. (Attachments: #1 Part 2, #2 Part 3, #3 Envelope)(crt,Haik, K) [Transferred from lawd on 12/12/2023.] |
| Filing 17 REQUEST from Clarence Otis Gibson for invoice for docket numbers 11, 13, 14, 15, and 16. Clerk mailed docket sheet and courtesy copies of docket numbers 11, 13, 14, 15, and 16 on 10/13/2023. (Public entry, but no electronic notice.) (Attachments: #1 Envelope) (crt,Williams, G) [Transferred from lawd on 12/12/2023.] |
| Filing 16 AMENDED PETITION for Writ of Habeas Corpus filed by Clarence Otis Gibson. (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from lawd on 12/12/2023.] |
| Filing 15 AMENDED PETITION for Writ of Habeas Corpus filed by Clarence Otis Gibson. (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from lawd on 12/12/2023.] |
| Filing 14 REQUEST from Clarence Otis Gibson for a official court date appearance for case. Clerk mailed copy work letter and docket sheet on 09/29/2023. (Public entry, but no electronic notice.) (Attachments: #1 Envelope, #2 Letter) (crt,Williams, G) [Transferred from lawd on 12/12/2023.] |
| Filing 13 REQUEST from Clarence Gibson for court date and invoice for copies. Clerk mailed docket sheet and copy work letter on 9/15/2023. (Public entry, but no electronic notice.) (Attachments: #1 Envelope, #2 Letter) (crt,Bowman, A) [Transferred from lawd on 12/12/2023.] |
| Filing 12 AMENDED PETITION for Writ of Habeas Corpus filed by Clarence Otis Gibson. (Attachments: #1 Exhibits, #2 Supplemental Claims, #3 Envelope)(crt,Haik, K) [Transferred from lawd on 12/12/2023.] |
| Filing 11 REQUEST from Clarence Gibson for copies of all writs filed and all documents including previous two payments for a filing fee. Clerk mailed copy of docket sheet and copy work letter on 8/22/2023. (Public entry, but no electronic notice.) (Attachments: #1 Envelope, #2 Letter) (crt,Bowman, A) [Transferred from lawd on 12/12/2023.] |
| Filing 10 AMENDED PETITION for Writ of Habeas Corpus filed by Clarence Otis Gibson. (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from lawd on 12/12/2023.] |
| Filing 9 DEFICIENT MOTION for Leave to Proceed in forma pauperis by Clarence Otis Gibson. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from lawd on 12/12/2023.] |
| Filing 8 RESPONSE in Support by Clarence Otis Gibson re #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from lawd on 12/12/2023.] |
| Filing 7 RESPONSE in Support by Clarence Otis Gibson re #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from lawd on 12/12/2023.] |
| Filing 6 AMENDED PETITION for Writ of Habeas Corpus filed by Clarence Otis Gibson. (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from lawd on 12/12/2023.] |
| Filing 5 MEMORANDUM IN SUPPORT by Clarence Otis Gibson re #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Envelope)(crt,Taylor, L) [Transferred from lawd on 12/12/2023.] |
| FILING FEE RECEIVED: on behalf of Clarence Otis Gibson in the amount of $5.00, receipt number 500001295. (crt,Williams, G) [Transferred from lawd on 12/12/2023.] |
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Filing 4
MEMORANDUM ORDER: Plaintiff failed to submit filing fee or a completed IFP application. ( Pro Se Deadline to comply with deficiency set for 7/28/2023). Signed by Magistrate Judge Joseph H L Perez-Montes on 6/28/2023. (Attachments: #1 ifp form)(crt,Haik, K) [Transferred from lawd on 12/12/2023.]
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| Filing 3 ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1331. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 6/28/2023. (crt,Tice, Y) [Transferred from lawd on 12/12/2023.] |
| Filing 2 PROPOSED MEMORANDUM ORDER Referred to Magistrate Judge Joseph H L Perez-Montes. Motion Ripe Deadline set for 6/27/2023. (crt,Devillier, W) [Transferred from lawd on 12/12/2023.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Clarence Otis Gibson. (Attachments: #1 Civil cover sheet, #2 Envelope)(crt,Devillier, W) [Transferred from lawd on 12/12/2023.] |
| CASE Assigned to Judge Terry A Doughty and Magistrate Judge Joseph H L Perez-Montes. (crt,Devillier, W) [Transferred from lawd on 12/12/2023.] |
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