Witherow v. Chapman
| Malcolm Witherow |
| Arvil Chapman |
| 1:2019cv00169 |
| June 10, 2019 |
| US District Court for the Eastern District of Tennessee |
| Harry S Mattice |
| Christopher H Steger |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on November 8, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 14
ORDER granting #12 Motion for Extension of Time to Answer. Respondent shallhave up to and including August 23, 2019, to file a response. Signed by District Judge Harry S Mattice, Jr on 8/8/2019. (DJH)
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| Filing 12 MOTION for Extension of Time to File Answer by Arvil Chapman. (Watkins, Thomas) |
| Filing 13 NOTICE of manual filing of Trial Exhibit 2 (911 Call and Jury Trial) by Arvil Chapman (DJH) |
| Filing 11 NOTICE by Arvil Chapman of Manual Filing (Watkins, Thomas) |
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Filing 10
ORDER granting #9 Motion for Leave to File Document. Signed by District Judge Harry S Mattice, Jr on 8/2/2019. (DJH)
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| Filing 9 MOTION for Leave to File Physcial Exhibit Manually by Arvil Chapman. (Watkins, Thomas) |
| Filing 8 NOTICE OF FILING w/certificate of service and INDEX OF RECORD of Rule 5 materials submitted by Attorney General containing 24 volumes of transcript. (Attachments: #1 Exhibit Technical Record on Direct Appeal, #2 Exhibit Transcript of Pretrial Hearing on Motion in Limine on Direct Appeal, #3 Exhibit Exhibit from the Pretrial Hearing on Motion in Limine on Direct Appeal, #4 Exhibit Volume I of Trial Transcript on Direct Appeal, #5 Exhibit Volume II of Trial Transcript on Direct Appeal, #6 Exhibit Volume III of Trial Transcript on Direct Appeal, #7 Exhibit Exhibits from Trial on Direct Appeal, #8 Exhibit Transcript of Motion for a New Trial on Direct Appeal, #9 Exhibit Brief of the Appellant on Direct Appeal, #10 Exhibit Brief of State on Direct Appeal, #11 Exhibit Opinion of Tennessee Court of Criminal Appeals on Direct Appeal, #12 Exhibit Judgment of Tennessee Court of Criminal Appeals on Direct Appeal, #13 Exhibit Technical Record on Post-Conviction Appeal, #14 Exhibit Volume I of Transcript of Evidentiary Hearing on Post-Conviction Appeal, #15 Exhibit Volume II of Transcript of Evidentiary Hearing on Post-Conviction Appeal, #16 Exhibit Volume I of Exhibits from Evidentiary Hearing on Post-Conviction Appeal, #17 Exhibit Volume II of Exhibits from Evidentiary Hearing on Post-Conviction Appeal, #18 Exhibit Brief of Appellant on Post-Conviction Appeal, #19 Exhibit Brief of State on Post-Conviction Appeal, #20 Exhibit Opinion of Tennessee Court of Criminal Appeals on Post-Conviction Appeal, #21 Exhibit Judgment of Tennessee Court of Criminal Appeals on Post-Conviction Appeal, #22 Exhibit Application for Permission to Appeal on Post-Conviction Appeal, #23 Exhibit Pro Se Motion for Extension of Time on Post-Conviction Appeal, #24 Exhibit Order of Tennessee Supreme Court Denying Permission to Appeal on Post-Conviction Appeal)(Watkins, Thomas) |
| Filing 7 Notice Regarding Requirement to Notify Court of Change of Address (DJH) |
| Filing 6 PLEASE DISREGARD-SEE DOC#7 Notice Regarding Requirement to Notify Court of Change of Address (DJH) Modified on 6/10/2019 (DJH). |
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Filing 5
ORDER: The Court is in receipt of a pro se petitioners petition for a writ of habeas corpus filed pursuant to 28 U.S.C. 2254. Petitioner has paid the filing fee. Since it does not plainly appear from the face of the petition that it should be summarily dismissed, Respondent is hereby ORDERED to answer or otherwise respond to the petition within sixty (60) days of the date ofthis order. Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. Respondent should specifically address whether the petition is timely and whether Petitioner has exhausted his available state court remedies. 28 U.S.C. 2244(d), 2254(b). If Petitioner choosesto file a reply, he shall do so within twenty-one (21) days of the response.Also, Petitioner is ORDERED to immediately inform the Court and Respondent of any address changes in writing. Pursuant to Local Rule 83.13, it is the duty of a pro se party to promptly notify the Clerk and the other parties to the proceedings of any change in his or her address, to monitor the progress of the case, and to prosecute or defend the action diligently. E.D. Tenn. L.R. 83.13. Failure to provide a correct address to this Court within fourteen days of any change in address may result in the dismissal of this action. Signed by District Judge Harry S Mattice, Jr on 6/10/2019. (DJH)
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| Copy of order mailed to Plaintiff Witherow along with notice of change of address information form (DJH) |
| Payment received for petition, receipt number c1016727. (BDG) |
| Filing 4 NOTICE of Appearance by Thomas Austin Watkins on behalf of Arvil Chapman (Watkins, Thomas) |
| Filing 3 NOTICE of Deficiency (IFP) - The Court is in receipt of your complaint/petition. However, in order for this matter to proceed, you must either pay the required filing fee or submit an application to proceed in forma pauperis. (BDG)Notice mailed to Witherow. |
| Filing 2 Notice Regarding Requirement to Notify Court of Change of Address (BDG)Notice mailed to Witherow. |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Malcolm Witherow. (Attachments: #1 Cover Letter, #2 Envelope)(BDG) |
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| Respondent: Arvil Chapman | |
| Represented By: | Thomas Austin Watkins |
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| Petitioner: Malcolm Witherow | |
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