Diaz v. Byrd
| Luis Diaz |
| Raymond Byrd |
| 3:2021cv00083 |
| February 2, 2021 |
| US District Court for the Middle District of Tennessee |
| Aleta A Trauger |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 9 NOTICE of Filing by Raymond Byrd INDEX OF THE STATE COURT RECORD (Attachments: #1 Exhibit Technical record, #2 Exhibit Transcript of Evidence, volume 1, #3 Exhibit Transcript of Evidence, volume 2, #4 Exhibit Transcript of Evidence, volume 3, #5 Exhibit Transcript of Evidence, volume 4, #6 Exhibit Transcript of Evidence, volume 5, #7 Exhibit Jury Trial Exhibits, #8 Exhibit Transcript of Sentencing Hearing, #9 Exhibit Sentencing Hearing Exhibits, #10 Exhibit Transcript of Motion for a New Trial, #11 Exhibit Notice of Appeal, #12 Exhibit Brief of Appellant, Luis Diaz, filed in Tennessee Court of Criminal Appeals on Direct Appeal., #13 Exhibit Brief of Appellee, State of Tennessee, filed in Tennessee Court of Criminal Appeals on Direct Appeal., #14 Exhibit Opinion of Tennessee Court of Criminal Appeals on post-conviction review: Luis Jorge Diaz v. State of Tennessee, No. M2014- 01685-CCA-R3-CD, 2015 WL 5472288 (Tenn. Crim. App. Sep. 18, 2015), #15 Exhibit Judgment of Tennessee Court of Criminal Appeals. : Luis Jorge Diaz v. State of Tennessee, No. M2014- 01685-CCA-R3-CD, 2015 WL 5472288 (Tenn. Crim. App. Sep. 18, 2015)., #16 Exhibit Rule 11 Application, #17 Exhibit SC Order Requesting Response, #18 Exhibit Response to Order, #19 Exhibit State's No Response Letter, #20 Exhibit Order Denying Rule 11 Application, #21 Exhibit Technical record of Post-Conviction Proceedings, #22 Exhibit Transcript of Evidence from Post-Conviction Proceedings., #23 Exhibit Post-Conviction Hearing Exhibits, #24 Exhibit Brief of Appellant, Luis Diaz, filed in Tennessee Court of Criminal Appeals on post-conviction appeal., #25 Exhibit Brief of Appellee, State of Tennessee, filed in Tennessee Court of Criminal Appeals on post-conviction appeal., #26 Exhibit Opinion of Tennessee Court of Criminal Appeals on post-conviction review: Luis Jorge Diaz v. State of Tennessee, No. M2019-01000-CCA-R3-PC, 2020 WL 2781591 (Tenn. Crim. App. May 28, 2020)., #27 Exhibit Rule 11 Application, #28 Exhibit State's Response Letter, #29 Exhibit Order by Tennessee Supreme Court denying Rule 11 application., #30 Exhibit Appellees Motion for Consideration", #31 Exhibit Order by Tennessee Supreme Court denying Motion for Consideration, #32 Exhibit Relief from Judgment Filing)(Nichols, Austin) |
Filing 8
ORDER: The petitioner MUST file any amended petition within 30 days of service of the record. The petitioner is cautioned that once the amended petition is filed, it will be the only petition reviewed by the court or answered by the respondent, so it must be complete in itself, without reference to the amended petition, and must set forth all of his claims and the facts supporting them. Because the petitioner has failed to demonstrate that the interests of justice require appointment of counsel at this time, his request for appointment of counsel is DENIED, without prejudice to his ability to raise the issue again should circumstances warrant, or the court's ability to raise the issue sua sponte. The Clerk is DIRECTED to serve a copy of the petition and this order on the respondent and the Attorney General of Tennessee. See Habeas Rule 4. Signed by District Judge Aleta A. Trauger on 3/1/2021. (xc:Pro se party sent this order and a new blank form Petition Under 28 U.S.C. 2254 For Writ of Habeas Corpus By A Person In State Custody by regular mail. Also, this order and DE #1 sent to Respondent and the Attorney General of Tennessee by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm) Modified on 3/8/2021 (jm).
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| Filing 7 Letter from Luis Diaz re Consent of the Parties Notice. (jm) |
| Filing 6 RECEIPT #34675061454 in the amount of $5.00 posted by Luis Diaz re #1 Petition for Writ of Habeas Corpus. (ln) |
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Filing 5
ORDER: This court cannot review or consider a Section 2254 habeas petition unless the petitioner has either submitted the filing fee or been granted leave to proceed without prepayment of fees and costs. Within 30 days from the date of entry of this order on the docket, the petitioner MUST submit to the court either the $5.00 filing fee or the completed application. Signed by District Judge Aleta A. Trauger on 2/23/2021. (xc:Pro se party sent this order, a blank short-form Application to Proceed in District Court without Prepaying Fees or Costs, and a copy of Administrative Order 93.by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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| TN State Bar status verified as active for Austin Nichols admitted to this court. (jm) |
| Filing 4 NOTICE of Appearance by Austin Nichols on behalf of Raymond Byrd (Nichols, Austin) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (jm) |
| Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (jm) |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (jm) |
| Filing 1 PETITION (fee not paid) for Writ of Habeas Corpus, filed by Luis Diaz. (jm) |
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| Respondent: Raymond Byrd | |
| Represented By: | Austin Nichols |
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| Petitioner: Luis Diaz | |
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