Lee v. Phillips
| Darius Darrell Lee |
| Shawn Phillips |
| 3:2023cv01243 |
| November 27, 2023 |
| US District Court for the Middle District of Tennessee |
| Eli J Richardson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 16
ORDER: The Court ordered Petitioner Darius Darrell Lee to show cause why this action should not be dismissed as untimely. (Doc. No. #13 .) Petitioner has filed a good-faith Motion seeking an extension of time to respond based on limited law library access due to a lengthy prison lockdown. Because Respondent will not be prejudiced, the Motion (Doc. No. #15 ) is GRANTED. Petitioner MUST submit a response, in the form previously ordered, within 60 DAYS of the date this Orderis entered on the docket. Signed by District Judge Eli J. Richardson on 01/02/24. (xc:Pro se party by regular mail.) (ad)
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| Filing 15 MOTION for Extension of Time to File Response/Reply as to #13 Order to Show Cause by Darius Darrell Lee. (ad) |
| Filing 14 MOTION to Appoint Counsel by Darius Darrell Lee. (ad) |
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Filing 13
ORDER TO SHOW CAUSE: Accordingly, Petitioner is ORDERED TO SHOW CAUSE why this action should not be dismissed as untimely. To do so, Petitioner MUST submit either an amended petition or a written response that provides enough information to establish the timeliness of the Petition or to demonstrate that the requirements for equitable tolling are met. The Court MUST receive Petitioner's submission within 30 DAYS of the date this Order is entered on the docket. Signed by District Judge Eli J. Richardson on 12/05/23. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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| Filing 12 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) |
| Filing 11 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (kc) |
| Filing 10 Case transferred in from the District of Tennessee Eastern; Case Number 1:23-cv-00251. Original file certified copy of transfer order and docket sheet received. |
| TN State Bar status verified as active for Sarah J. Stone admitted to this court. (kc) |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (kc) |
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Filing 9
ORDER. The Court DIRECTS the Clerk to TRANSFER this entire action to the United States District Court for the Nashville Division of the Middle District of Tennessee and CLOSE this Courts file. Signed by District Judge Curtis L Collier on 11/22/2023. (AML) Mailed to Darius Darrell Lee [Transferred from Tennessee Eastern on 11/27/2023.]
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| Case transferred to District of Middle Tennessee at Nashville. (AML) [Transferred from Tennessee Eastern on 11/27/2023.] |
| Filing 8 NOTICE of Appearance by Sarah J. Stone on behalf of Shawn Phillips (Stone, Sarah) [Transferred from Tennessee Eastern on 11/27/2023.] |
| Filing 7 PETITION for Writ of Habeas Corpus, filed by Darius Darrell Lee.(AML) [Transferred from Tennessee Eastern on 11/27/2023.] |
| Filing 6 SUPPLEMENT of Inmate Account Information to IFP Motion #4 by Darius Darrell Lee. (AML) [Transferred from Tennessee Eastern on 11/27/2023.] |
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Filing 5
MEMORANDUM AND ORDER granting #4 Motion for Leave to Proceed in forma pauperis. The Clerk is DIRECTED to substitute Shawn Phillips as Respondent in this action; The Clerk is DIRECTED to send Petitioner a 2254 form; Petitioner is ORDERED to complete the 2254 form and return it to the Court within twenty-one (21) days of entry of this Memorandum and Order; Petitioner is NOTIFIED that failure to timely comply with the Courts directives will result in the dismissal of this case for failure to prosecute and/or comply with an order of the Court. Signed by District Judge Curtis L Collier on 10/27/2023. (AML) Mailed to Darius Darrell Lee along with 2254 blank form [Transferred from Tennessee Eastern on 11/27/2023.]
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| Filing 4 MOTION for Leave to Proceed in forma pauperis by Darius Darrell Lee. (Attachments: #1 cover letter and envelope)(SAC) [Transferred from Tennessee Eastern on 11/27/2023.] |
| Filing 3 Notice Regarding Requirement to Notify Court of Change of Address. (SAC)Notice mailed to Lee. [Transferred from Tennessee Eastern on 11/27/2023.] |
| 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. (SAC)Notice mailed to Lee. Modified on 10/5/2023, IFP form and account statement mailed as well.(SAC). [Transferred from Tennessee Eastern on 11/27/2023.] |
| Filing 1 COMPLAINT against State of Tennessee, filed by Darius Darrell Lee.(Filing fee $ 402, not paid.) (SAC) [Transferred from Tennessee Eastern on 11/27/2023.] |
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| Petitioner: Darius Darrell Lee | |
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| Respondent: Shawn Phillips | |
| Represented By: | Sarah J. Stone |
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