Pence v. Perry
Petitioner: Zachary J Pence
Respondent: Grady Perry
Case Number: 3:2022cv00092
Filed: March 14, 2022
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: Jill E McCook
Referring Judge: Thomas A Varlan
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 27, 2022 Opinion or Order Filing 10 MEMORANDUM in Support of Motion re #9 MOTION to Dismiss TIME BARRED HABEAS CORPUS PETITION filed by Grady Perry. (Barker, Zachary)
April 27, 2022 Opinion or Order Filing 9 MOTION to Dismiss TIME BARRED HABEAS CORPUS PETITION by Grady Perry. (Barker, Zachary)
April 25, 2022 Opinion or Order Filing 8 ORDER. Respondent has filed a motion seeking to place certain exhibits from Petitioner's state-court trial under seal in this federal habeas proceeding #7 . Inasmuch as the exhibits at issue contain sensitive information concerning a minor victim, the Court finds the motion well taken, and it is GRANTED. The Clerk is DIRECTED to place the attachment at Doc. 6-6 under seal.. Signed by District Judge Thomas A. Varlan on 4/25/22. (c/m Zachary J Pence 507863 SOUTH CENTRAL CORRECTIONAL CENTER P O BOX 279 CLIFTON, TN 38425 ) (ADA)
April 22, 2022 Opinion or Order Filing 7 MOTION to Seal Previously Filed Document as to #6 Notice of Filing and Index of Record (Habeas Rule 5); MOTION TO SEAL DOCUMENT ECF 6-6-EXHIBITS by Grady Perry. (Barker, Zachary) Modified text on 4/25/2022 (ADA).
April 22, 2022 Opinion or Order Filing 6 NOTICE OF FILING w/certificate of service and INDEX OF RECORD of Rule 5 materials submitted by Attorney General STATE COURT RECORD containing 38 volumes of transcript. (Attachments: #1 Exhibit Technical record in appeal of Petitioners trial proceedings, Anderson County Criminal Court, No. A9CR0736 & B1C00646., #2 Exhibit Suppression hearing transcript from Petitioners trial proceedings, Anderson County Criminal Court, No. A9CR0736 & B1C00646., #3 Exhibit Trial transcript, Vol. I, from Petitioners trial proceedings, Anderson County Criminal Court, No. A9CR0736 & B1C00646., #4 Exhibit Trial transcript, Vol. II, from Petitioners trial proceedings, Anderson County Criminal Court, No. A9CR0736 & B1C00646., #5 Exhibit Trial transcript, Vol. III, from Petitioners trial proceedings, Anderson County Criminal Court, No. A9CR0736 & B1C00646., #6 SEALED PER #8 Exhibit Exhibits from Petitioners trial proceedings, Anderson County Criminal Court, No. A9CR0736 & B1C00646., #7 Exhibit Sentencing hearing transcript from Petitioners trial proceedings, Anderson County Criminal Court, No. A9CR0736 & B1C00646., #8 Exhibit Motion for New Trial hearing transcript from Petitioners trial proceedings, Anderson County Criminal Court, No. A9CR0736 & B1C00646., #9 Exhibit Notice of Appeal from Petitioners trial proceedings, Anderson County Criminal Court, No. A9CR0736 & B1C00646., #10 Exhibit Appellants Motion for Extension of Time filed in the Tennessee Court of Criminal Appeals on direct appeal, No. E2015-00476-CCA-R3-CD., #11 Exhibit Order of the Tennessee Court of Criminal Appeals granting motion for extension of time on direct appeal, No. E2015-00476-CCA-R3-CD., #12 Exhibit Brief of Appellant, Zachary James Pence, filed in the Tennessee Court of Criminal Appeals on post-conviction appeal, No. E2015-00476-CCA-R3-CD., #13 Exhibit Appellees Motion for Extension of Time filed in the Tennessee Court of Criminal Appeals on direct appeal, No. E2015-00476-CCA-R3-CD., #14 Exhibit Order of the Tennessee Court of Criminal Appeals granting motion for extension of time on direct appeal, No. E2015-00476-CCA-R3-CD., #15 Exhibit Brief of Appellee, the State, filed in the Tennessee Court of Criminal Appeals on direct appeal, No. E2015-00476-CCA-R3-CD., #16 Exhibit Opinion of the Tennessee Court of Criminal Appeals on post-conviction appeal, No. E2015-00476-CCA-R3-CD (Tenn. Crim. App. Feb. 22, 2016)., #17 Exhibit Judgment of the Tennessee Court of Criminal Appeals on post-conviction appeal, No. E2015-00476-CCA-R3-CD (Tenn. Crim. App. Feb. 22, 2016)., #18 Exhibit Motion to Withdraw as Counsel filed in the Tennessee Court of Criminal Appeals on direct appeal, No. E2015-00476-CCA-R3-CD., #19 Exhibit Order of the Tennessee Court of Criminal Appeals granting motion to withdraw on direct appeal, No. E2015-00476-CCA-R3-CD., #20 Exhibit Technical record, Vol. I, in appeal of Petitioners post-conviction proceedings, Anderson County Criminal Court, No. B1C00646 & B6C00266., #21 Exhibit Technical record, Vol. II, in appeal of Petitioners post-conviction proceedings, Anderson County Criminal Court, No. B1C00646 & B6C00266., #22 Exhibit Post-conviction hearing transcript from Petitioners post-conviction proceedings, Anderson County Criminal Court, No. B1C00646 & B6C00266., #23 Exhibit Notice of Appeal from Petitioners post-conviction proceedings, Anderson County Criminal Court, No. A9CR0736 & B1C00646., #24 Exhibit Motion for Appointment of Counsel on post-conviction appeal, No. E2019-01942-CCA-R3-PC., #25 Exhibit Order Regarding Counsel on post-conviction appeal, No. E2019-01942-CCA-R3-PC., #26 Exhibit Order Regarding Transcript on post-conviction appeal, No. E2019-01942-CCA-R3-PC., #27 Exhibit Motion for Transcript on post-conviction appeal, No. E2019-01942-CCA-R3-PC., #28 Exhibit Motion for Extension of Time to File Transcript on post-conviction appeal, No. E2019-01942-CCA-R3-PC., #29 Exhibit Order Granting Extension on post-conviction appeal, No. E2019-01942-CCA-R3-PC., #30 Exhibit Order Regarding Brief on post-conviction appeal, No. E2019-01942-CCA-R3-PC., #31 Exhibit Motion to Compel Service on post-conviction appeal, No. E2019-01942-CCA-R3-PC., #32 Exhibit Proof of Service on post-conviction appeal, No. E2019-01942-CCA-R3-PC., #33 Exhibit Order Granting Motion to Compel on post-conviction appeal, No. E2019-01942-CCA-R3-PC., #34 Exhibit Brief of Appellant, Zachary Pence, filed in the Tennessee Court of Criminal Appeals on post-conviction appeal, No. E2019-01942-CCA-R3-PC., #35 Exhibit Order Setting Briefing to Compel on post-conviction appeal, No. E2019-01942-CCA-R3-PC., #36 Exhibit Brief of Appellee, the State, filed in the Tennessee Court of Criminal Appeals on post-conviction appeal, No. E2019-01942-CCA-R3-PC., #37 Exhibit Opinion of the Tennessee Court of Criminal Appeals on post-conviction appeal, No. E2019-01942-CCA-R3-PC. (Tenn. Crim. App. Mar. 8, 2021)., #38 Exhibit Judgment of the Tennessee Court of Criminal Appeals on post-conviction appeal, No. E2019-01942-CCA-R3-PC. (Tenn. Crim. App. Mar. 8, 2021).)(Barker, Zachary) Modified test and restriction on 4/25/2022 (ADA).
March 15, 2022 Opinion or Order Filing 5 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 forty-five (45) days of the date of this Order. Signed by District Judge Thomas A. Varlan on 3/15/22. (c/m Zachary J Pence 507863 SOUTH CENTRAL CORRECTIONAL CENTER P O BOX 279 CLIFTON, TN 38425 ) (ADA)
March 14, 2022 Opinion or Order Filing fee received: $ 5.00, receipt number K3044393 (ABF)
March 10, 2022 Opinion or Order Filing 4 NOTICE of Appearance by Zachary L Barker on behalf of Grady Perry (Barker, Zachary)
March 8, 2022 Opinion or Order Filing 3 Notice Regarding Requirement to Notify Court of Change of Address (c/m to Zachary J Pence #507863, SOUTH CENTRAL CORRECTIONAL CENTER, P O BOX 279, CLIFTON, TN 38425) (ABF)
March 8, 2022 Opinion or Order Filing 2 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. (c/m along with the IFP App to Zachary J Pence #507863, SOUTH CENTRAL CORRECTIONAL CENTER, P O BOX 279, CLIFTON, TN 38425) (ABF)
March 8, 2022 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus, filed by Zachary J Pence.(ABF)

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Petitioner: Zachary J Pence
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Respondent: Grady Perry
Represented By: Zachary L Barker
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