Patton v. Boyd
Petitioner: Gevon Patton
Respondent: Bert Boyd
Case Number: 2:2019cv00160
Filed: September 11, 2019
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: H Bruce Guyton
Referring Judge: Thomas A Varlan
2 Judge: Cynthia R Wyrick
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 5, 2019 Opinion or Order Filing 12 ORDER granting #10 Motion to manually file a trial exhibit. Signed by District Judge Thomas A Varlan on 11/5/19. (c/m to Gevon Patton #519419, NECX, 5249 Highway 67 West, P.O. Box 5000, Mountain City, TN 37683-5000) (ABF)
November 4, 2019 Opinion or Order Filing 11 ORDER REASSIGNING CASE. Magistrate Judge H Bruce Guyton no longer assigned to case Case reassigned to Magistrate Judge Cynthia R Wyrick for all further proceedings. Signed by District Judge Pamela L Reeves on 11/4/2019. (RET)
October 18, 2019 Filing 10 MOTION TO MANUALLY FILE EXHIBITS re #7 Notice of Filing and Index of Record (Habeas Rule 5),,,,,,,,,,,,,,,,,,,,,,,,, by Bert Boyd. (Stahl, Michael)
October 8, 2019 Filing 9 MEMORANDUM in Support of Motion re #8 MOTION to Dismiss UNTIMELY PETITION FOR WRIT OF HABEAS CORPUS filed by Bert Boyd. (Stahl, Michael)
October 8, 2019 Filing 8 MOTION to Dismiss UNTIMELY PETITION FOR WRIT OF HABEAS CORPUS by Bert Boyd. (Stahl, Michael)
October 7, 2019 Filing 7 NOTICE OF FILING w/certificate of service and INDEX OF RECORD of Rule 5 materials submitted by Attorney General Michael M. Stahl containing 39 volumes of transcript. (Attachments: #1 Exhibit Technical record on direct appeal, direct appeal record Vol. I, Hamblen County Criminal Court no. 08 CR 425., #2 Exhibit Transcript of trial, direct appeal record Vol. II, Hamblen County Criminal Court no. 08 CR 425., #3 Exhibit Transcript of trial, direct appeal record Vol. III, Hamblen County Criminal Court no. 08 CR 425., #4 Exhibit Trial exhibits 2-87, Hamblen County Criminal Court no. 08 CR 425., #5 Exhibit Trial exhibits 88-233, Hamblen County Criminal Court no. 08 CR 425, #6 Exhibit Trial Exhibit 2, 911 recording on disc, Hamblen County Criminal Court no. 08 CR 425. (Will be manually filed.), #7 Exhibit First Brief of Appellant, Gevon Patton, on direct appeal filed December 13, 2013: State of Tennessee v. Gevon Cortez Patton, No. E2013-01355-CCA-R3-CD, 2014 WL 1512830 (Tenn. Crim. App. Apr. 16, 2014); perm. app. denied (Tenn. Oct. 22, 2014)., #8 Exhibit Second Brief of Appellant, Gevon Patton, on direct appeal filed January 10, 2014: State of Tennessee v. Gevon Cortez Patton, No. E2013-01355-CCA-R3-CD, 2014 WL 1512830 (Tenn. Crim. App. Apr. 16, 2014); perm. app. denied (Tenn. Oct. 22, 2014)., #9 Exhibit Brief of Appellee, State of Tennessee, on direct appeal: State of Tennessee v. Gevon Cortez Patton, No. E2013-01355-CCA-R3-CD, 2014 WL 1512830 (Tenn. Crim. App. Apr. 16, 2014); perm. app. denied (Tenn. Oct. 22, 2014)., #10 Exhibit Opinion of the Tennessee Court of Criminal Appeals: State of Tennessee v. Gevon Cortez Patton, No. E2013-01355-CCA-R3-CD, 2014 WL 1512830 (Tenn. Crim. App. Apr. 16, 2014); perm. app. denied (Tenn. Oct. 22, 2014)., #11 Exhibit Judgment of the Tennessee Court of Criminal Appeals: State of Tennessee v. Gevon Cortez Patton, No. E2013-01355-CCA-R3-CD, 2014 WL 1512830 (Tenn. Crim. App. Apr. 16, 2014); perm. app. denied (Tenn. Oct. 22, 2014)., #12 Exhibit Petitioners R.11 application for discretionary review: State of Tennessee v. Gevon Cortez Patton, No. E2013-01355-SC-R11-CD (Tenn. Oct. 22, 2014)., #13 Exhibit Order from the Tennessee Supreme Court denying discretionary review: State of Tennessee v. Gevon Cortez Patton, No. E2013-01355-SC-R11-CD (Tenn. Oct. 22, 2014)., #14 Exhibit Petitioners post-conviction technical record, post-conviction appellate record Vol. I, Hamblen County Criminal Court no. 15CR485., #15 Exhibit Transcript of post-conviction proceedings, post-conviction appellate record Vol. II, Hamblen County Criminal Court no. 15CR485., #16 Exhibit Index page to exhibits 1-6, Hamblen County Criminal Court no. 15CR485, #17 Exhibit Collective exhibit 1 to post-conviction proceedings (part 1), Hamblen County Criminal Court no. 15CR485., #18 Exhibit Collective exhibit 1 to post-conviction proceedings (part 2), Hamblen County Criminal Court no. 15CR485., #19 Exhibit Collective exhibit 1 to post-conviction proceedings (part 3), Hamblen County Criminal Court no. 15CR485., #20 Exhibit Collective exhibit 1 to post-conviction proceedings (part 4), Hamblen County Criminal Court no. 15CR485., #21 Exhibit Collective exhibit 1 to post-conviction proceedings (part 5), Hamblen County Criminal Court no. 15CR485., #22 Exhibit Exhibit 2(a) to post-conviction proceedings (part 1), Hamblen County Criminal Court no. 15CR485., #23 Exhibit Exhibit 2(a) to post-conviction proceedings contd (part 2), Hamblen County Criminal Court no. 15CR485., #24 Exhibit Exhibit 2(b) to post-conviction proceedings, Hamblen County Criminal Court no. 15CR485., #25 Exhibit Exhibit 2(c) to post-conviction proceedings (part 1), Hamblen County Criminal Court no. 15CR485., #26 Exhibit Exhibit 2(c) to post-conviction proceedings contd (part 2), Hamblen County Criminal Court no. 15CR485., #27 Exhibit Exhibit 2(d) to post-conviction proceedings, Hamblen County Criminal Court no. 15CR485., #28 Exhibit Exhibits 3-6 to post-conviction proceedings, Hamblen County Criminal Court no. 15CR485., #29 Exhibit Brief of Appellant, Gevon Patton, on post-conviction review: Gevon C. Patton v. State of Tennessee, No. E2017-00886-CCA-R3-PC, 2018 WL 1779382 (Tenn. Crim. App. Apr. 13, 2018); perm. app. denied (Tenn. Sept. 13, 2018)., #30 Exhibit Brief of Appellee, State of Tennessee, on post-conviction review: Gevon C. Patton v. State of Tennessee, No. E2017-00886-CCA-R3-PC, 2018 WL 1779382 (Tenn. Crim. App. Apr. 13, 2018); perm. app. denied (Tenn. Sept. 13, 2018)., #31 Exhibit Reply Brief of Appellant, Gevon Patton, on post-conviction review: Gevon C. Patton v. State of Tennessee, No. E2017-00886-CCA-R3-PC, 2018 WL 1779382 (Tenn. Crim. App. Apr. 13, 2018); perm. app. denied (Tenn. Sept. 13, 2018)., #32 Exhibit Opinion of the Tennessee Court of Criminal Appeals: Gevon C. Patton v. State of Tennessee, No. E2017-00886-CCA-R3-PC, 2018 WL 1779382 (Tenn. Crim. App. Apr. 13, 2018); perm. app. denied (Tenn. Sept. 13, 2018)., #33 Exhibit Judgment of the Tennessee Court of Criminal Appeals: Gevon C. Patton v. State of Tennessee, No. E2017-00886-CCA-R3-PC, 2018 WL 1779382 (Tenn. Crim. App. Apr. 13, 2018); perm. app. denied (Tenn. Sept. 13, 2018)., #34 Exhibit Petitioners application for rehearing: Gevon C. Patton v. State of Tennessee, No. E2017-00886-CCA-R3-PC, 2018 WL 1779382 (Tenn. Crim. App. Apr. 13, 2018); perm. app. denied (Tenn. Sept. 13, 2018)., #35 Exhibit States response to rehearing application: Gevon C. Patton v. State of Tennessee, No. E2017-00886-CCA-R3-PC, 2018 WL 1779382 (Tenn. Crim. App. Apr. 13, 2018); perm. app. denied (Tenn. Sept. 13, 2018)., #36 Exhibit Order denying rehearing: Gevon C. Patton v. State of Tennessee, No. E2017-00886-CCA-R3-PC, 2018 WL 1779382 (Tenn. Crim. App. Apr. 13, 2018); perm. app. denied (Tenn. Sept. 13, 2018)., #37 Exhibit Petitioners R.11 application for discretionary review: Gevon C. Patton v. State of Tennessee, No. E2017-00886-SC-R11-PC (Tenn. Sept. 13, 2018)., #38 Exhibit Petitioners appendix to his application for discretionary review: Gevon C. Patton v. State of Tennessee, No. E2017-00886-SC-R11-PC (Tenn. Sept. 13, 2018)., #39 Exhibit Order from the Tennessee Supreme Court denying discretionary review: Gevon C. Patton v. State of Tennessee, No. E2017-00886-SC-R11-PC (Tenn. Sept. 13, 2018).)(Stahl, Michael)
October 2, 2019 Filing 6 Letter from Gevon Patton requesting status of case. (Attachments: #1 Envelope) (Copy of Order, Doc. 3, and Notice, Doc. 4, mailed to Gevon Patton on 10/1/19) (AMP)
October 1, 2019 Spoke to Brennan Wingerter and she advised that she is not representing Plaintiff. (Mailed copy of Order, Doc. 3, and Notice, Doc. 4, to Gevon Patton) (AMP)
September 23, 2019 Filing 5 Administrative Notice to Counsel: Attorney is not registered for CM/ECF. Requirements due by 9/30/2019. (Copy of Notice mailed to Brennan Wingerter) (AMP)
September 18, 2019 Filing 4 NOTICE of Appearance by Michael Matthew Stahl on behalf of Bert Boyd (Stahl, Michael)
September 16, 2019 Opinion or Order Filing 3 ORDER: Respondent is hereby ORDERED to answer or otherwise respond to the petition within sixty (60) days of the date of this order. The Clerk is DIRECTED to serve a copy of the petition for a writ of habeas corpus and this order upon Respondent.Signed by District Judge Thomas A Varlan on 9/16/19. (c/m to attorney Brennan M. Wingerter and to the Warden Bert Boyd)(ABF)
September 11, 2019 Filing 2 Administrative Notice to Counsel: Attorney Brennan Wingerter is not registered for CM/ECF. Please register for CM/ECF. Requirements due by 9/16/2019. (Copy of Notice mailed to Brennan Wingerter) (CAT)
September 11, 2019 Filing 1 PETITION for Writ of Habeas Corpus, (filing fee $5.00 G2011825) filed by Gevon Patton. (Attachments: #1 Exhibit Principal Brief of Appellant, Gevon Patton, #2 Exhibit Court of Criminal Appeals of Tennessee at Knoxville Opinion, #3 Affidavit of Counsel, #4 Envelope) (CAT)

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Petitioner: Gevon Patton
Represented By: Brennan M. Wingerter
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Respondent: Bert Boyd
Represented By: Michael Matthew Stahl
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