Hardin v. Boyd
Defendant: Bert C Boyd
Petitioner: Malik Dewayne Hardin
Case Number: 2:2021cv00016
Filed: January 27, 2021
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: Thomas A Varlan
Referring Judge: Cynthia R Wyrick
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 August 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 16, 2021 Opinion or Order Filing 15 ORDER. The Court finds Plaintiffs motion #9 well taken, and it is GRANTED. Petitioner shall have up to and including April 5, 2021, to submit his amended memorandum in support of the petition. Therefore, Respondents motion #11 is likewise GRANTED. The Courts prior briefing schedule is VACATED, and Respondent is hereby ORDERED to answer or otherwise respond to petition within forty-five (45) days after the amended memorandum in support of the petition is filed. Signed by District Judge Thomas A. Varlan on 3/16/21. (ADA)
March 15, 2021 Opinion or Order Filing 14 ORDER. 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 thirty (30) days of the date of this order. Signed by District Judge Thomas A. Varlan on 3/15/21. (ADA)
March 15, 2021 Opinion or Order Filing 13 ORDER: Petitioner has filed a Motion for admission of Jeffrey M. Brandt, Esq., pro hac vice in this action [Doc. #12 ]. The Motion is GRANTED. Counsel MUST register immediately as an E-Filer in this district. The registration instructions can be found at the Court's website, www.tned.uscourts.gov, under "For Attorneys" and "Electronic Case Filing." Signed by Magistrate Judge Cynthia R Wyrick on 3/15/21. (JBR)
March 11, 2021 Opinion or Order Filing 12 MOTION for Leave to Appear Pro Hac Vice for Jeffrey M. Brandt (Filing fee $ 90.00 receipt number G2012964) by Malik Dewayne Hardin. (Attachments: #1 Certificate of Good Standing) (CAT)
March 11, 2021 Opinion or Order Clerk's Verification of PHV Requirements is complete for Jeffrey M. Brandt regarding document: #12 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.00 receipt number G2012964) filed by Malik Dewayne Hardin (CAT)
March 8, 2021 Opinion or Order Filing 11 MOTION for Extension of Time to File Answer by Bert C Boyd. (Barker, Zachary)
March 8, 2021 Opinion or Order Filing 10 NOTICE OF FILING w/certificate of service and INDEX OF RECORD of Rule 5 materials submitted by Attorney General containing 30 volumes of transcript. (Attachments: #1 Exhibit Vol. I of Technical Record on Direct Appeal, #2 Exhibit Vol. II of Technical Record on Direct Appeal, #3 Exhibit Vol. III of Technical Record on Direct Appeal, #4 Exhibit Vol. IV of Technical Record on Direct Appeal, #5 Exhibit Transcript of Motions dated April 26 on Direct Appeal, #6 Exhibit Transcript of Motions dated April 26 Volume I on Direct Appeal, #7 Exhibit Transcript of Motion dated April 26 Volume II on Direct Appeal, #8 Exhibit Exhibits on Direct Appeal, #9 Exhibit Brief of Appellant on Direct Appeal, #10 Exhibit Brief of State on Direct Appeal, #11 Exhibit Appellant's Reply Brief on Direct Appeal, #12 Exhibit Majority Opinion of Tennessee Court of Criminal Appeals on Direct Appeal, #13 Exhibit Judgment of Tennessee Court of Criminal Appeals on Direct Appeal, #14 Exhibit Dissenting Opinion of Tennessee Court of Criminal Appeals on Direct Appeal, #15 Exhibit Application for Permission to Appeal on Direct Appeal, #16 Exhibit State's Response Letter on Direct Appeal, #17 Exhibit Order of Tennessee Supreme Court Denying Application for Permission to Appeal on Direct Appeal, #18 Exhibit Technical Record on Post-Conviction Appeal, #19 Exhibit Transcript Vol. I on Post-Conviction Appeal, #20 Exhibit Transcript Vol. II on Post-Conviction Appeal, #21 Exhibit Exhibits on Post-Conviction Appeal, #22 Exhibit Brief of Appellant on Post-Conviction Appeal, #23 Exhibit Brief of State on Post-Conviction Appeal, #24 Exhibit Opinion of Tennessee Court of Criminal Appeals on Post-Convicion Appeal, #25 Exhibit Judgment of Tennessee Court of Criminal Appeals on Post-Conviction Appeal, #26 Exhibit Application for Permission to Appeal on Post-Conviction Appeal, #27 Exhibit State's Response Letter on Post-Conviction Appeal, #28 Exhibit Order Denying Application for Permission to Appeal on Post-Conviction Appeal, #29 Exhibit Technical Record on Direct Appeal, #30 Exhibit Order Dismissing 36.1 Appeal on Direct Appeal)(Barker, Zachary)
February 22, 2021 Opinion or Order Filing 9 MOTION for Extension of Time to Amend #3 Memorandum in Support (non-motion) by Malik Dewayne Hardin. (Robinson, Matthew)
February 22, 2021 Opinion or Order Filing 8 NOTICE of Appearance by Matthew McGavok Robinson on behalf of Malik Dewayne Hardin (Robinson, Matthew)
February 10, 2021 Opinion or Order Filing 7 PRISONER TRUST FUND ACCOUNT statement by Petitioner Malik Dewayne Hardin (Attachments: #1 Mailing envelope) (ADA) Modified on to note filing fee has been paid 2/10/2021 (ADA).
February 5, 2021 Opinion or Order Filing 6 ORDER. Petitioner has also paid the filing fee, however, and Petitioner's motion #1 is thus DENIED as moot. 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 thirty (30) days of the date of this order. Signed by District Judge Thomas A Varlan on 2/5/21. (c/m Malik Dewayne Hardin 00330288 NORTHEAST CORRECTIONAL COMPLEX P.O. BOX 5000 MOUNTAIN CITY, TN 37683) (ADA)
January 28, 2021 Opinion or Order Filing 5 NOTICE of Appearance by Zachary L Barker on behalf of Bert C Boyd (Barker, Zachary)
January 28, 2021 Opinion or Order Filing fee received: $ 5, receipt number G2012888 (JCK)
January 27, 2021 Opinion or Order Filing 4 Notice Regarding Requirement to Notify Court of Change of Address. (Copy of Notice mailed to Malik Dewayne Hardin) (CAT)
January 27, 2021 Opinion or Order Filing 3 MEMORANDUM in Support re #2 Petition for Writ of Habeas Corpus. (Attachments: #1 Envelope) (CAT)
January 27, 2021 Opinion or Order Filing 2 PETITION for Writ of Habeas Corpus, filed by Malik Dewayne Hardin. (Attachments: #1 Addendum to Petition, #2 Cover Letter, #3 Envelope) (CAT)
January 27, 2021 Opinion or Order Filing 1 MOTION for Leave to Proceed in forma pauperis by Malik Dewayne Hardin. (Attachments: #1 Envelope) (CAT)

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Defendant: Bert C Boyd
Represented By: Zachary L Barker
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Petitioner: Malik Dewayne Hardin
Represented By: Jeffrey M Brandt
Represented By: Matthew McGavok Robinson
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