Tate v. Lee
Petitioner: Kevin Tate
Respondent: Randy Lee
Case Number: 2:2018cv02815
Filed: November 28, 2018
Court: US District Court for the Western District of Tennessee
Presiding Judge: Thomas L Parker
Referring Judge: Tu M Pham
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 28, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 28, 2018 Filing 19 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Pro Se Prisoner track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (csf)
November 28, 2018 Filing 18 Case transferred in from District of Tennessee Eastern; Case Number 2:17-cv-00217. Original file certified copy of transfer order and docket sheet received.
November 28, 2018 Opinion or Order Filing 17 ORDER that this action is transferred to the United States District Court for the Western District of Tennessee, at Memphis, and FURTHER ORDERED that this matter shall be removed from the docket of this Court. Signed by District Judge Thomas W Phillips on November 28, 2018. (copy mailed to Kevin Tate 256528, NORTHEAST CORRECTIONAL COMPLEX, P.O. BOX 5000, MOUNTAIN CITY, TN 37683) (AYB) [Transferred from Tennessee Eastern on 11/28/2018.]
November 28, 2018 Case electronically transferred to Western District of Tennessee, at Memphis. (AYB) [Transferred from Tennessee Eastern on 11/28/2018.]
July 31, 2018 Filing 16 RESPONSE in Opposition re #15 MOTION Revised Motion to expand the Record filed by Randy Lee. (Bowen, Meredith) [Transferred from Tennessee Eastern on 11/28/2018.]
July 23, 2018 Filing 15 Revised Motion to Expand the Record by Kevin Tate. (Attachments: #1 Envelope)(JCK) [Transferred from Tennessee Eastern on 11/28/2018.]
July 16, 2018 Filing 14 Notice Regarding Requirement to Notify Court of Change of Address (copy mailed to Kevin Tate 256528, NORTHEAST CORRECTIONAL COMPLEX, P.O. BOX 5000, MOUNTAIN CITY, TN 37683) (AYB) [Transferred from Tennessee Eastern on 11/28/2018.]
July 16, 2018 Opinion or Order Filing 13 ORDER denying #12 Petitioner's motion to expand the record. However, Petitioner is able to file another motion requesting to expand the record with enumerated documents, records, and transcripts. Signed by District Judge Thomas W Phillips on July 16, 2018. (copy mailed to Kevin Tate 256528, NORTHEAST CORRECTIONAL COMPLEX, P.O. BOX 5000, MOUNTAIN CITY, TN 37683) (AYB) [Transferred from Tennessee Eastern on 11/28/2018.]
June 5, 2018 Filing 12 MOTION to Expand the Record by Kevin Tate. (Attachments: #1 Attachment #01, #2 Envelope)(JCK) [Transferred from Tennessee Eastern on 11/28/2018.]
May 24, 2018 Filing 11 Letter from Kevin Tate to Appellate Court Clerk's Office in Nashville regarding his state court case. (Attachments: #1 Envelope) (JCK) [Transferred from Tennessee Eastern on 11/28/2018.]
April 23, 2018 Filing 10 RESPONDENT'S RESPONSE to #2 Petition for Writ of Habeas Corpus, by Randy Lee.(Bowen, Meredith) [Transferred from Tennessee Eastern on 11/28/2018.]
April 18, 2018 Filing 9 NOTICE by Kevin Tate NOTICE OF FILING DOCUMENTS (Attachments: #1 Exhibit Technical record of Petitioners trial proceedings (Vol. 1), Criminal Court of Shelby County, No. 93-05276., #2 Exhibit Transcript of Motion to Suppress Hearing (Vol. 2), Criminal Court of Shelby County, No. 93-05276., #3 Exhibit Transcript of Petitioners trial proceedings (Vol. 3), Criminal Court of Shelby County, No. 93-05276., #4 Exhibit Transcript of Petitioners trial proceedings (Vol. 4), Criminal Court of Shelby County, No. 93-05276., #5 Exhibit Exhibits from Petitioners trial proceedings (Vol. 5), Criminal Court of Shelby County, No. 93-05276., #6 Exhibit Jury charge from Petitioners trial proceedings (Vol. 6), Criminal Court of Shelby County, No. 93-05276., #7 Exhibit Brief of Appellant, Kevin Tate, on direct appeal to the Tennessee Court of Criminal Appeals: State of Tennessee v. Kevin Tate, No. 02C01-9605-CR-00164, #8 Exhibit Brief of Appellee, the State of Tennessee, on direct appeal to the Tennessee Court of Criminal Appeals: State of Tennessee v. Kevin Tate, No. 02C01-9605-CR-00164., #9 Exhibit Opinion of the Tennessee Court of Criminal Appeals, State of Tennessee v. Kevin Tate, No. 02C01-9605-CR-00164, 1997 WL 746441 (Tenn. Crim. App. Dec. 3, 1997), perm. app. denied (Tenn. Oct. 5, 1998)., #10 Exhibit Tennessee Supreme Court Rule 11 Application for Permission to Appeal, State of Tennessee v. Kevin Tate, No. 02C01-9605-CR-00164., #11 Exhibit States Answer in Opposition to the Application for Permission to Appeal, State of Tennessee v. Kevin Tate, No. 02C01-9605-CR-00164., #12 Exhibit Technical Record from Petitioners state habeas corpus proceedings, Criminal Court of Shelby County, Case No. P-27279., #13 Exhibit Brief of Appellant, Roger Joseph, on habeas corpus appeal to the Tennessee Court of Criminal Appeals at Jackson: Kevin Tate v. Bruce Westbrooks, Warden, No. W2003-01477-CCA-R3-HC., #14 Exhibit States Motion for Affirmance under Rule 20; Kevin Tate v. Bruce Westbrooks, Warden, No. W2003-01477-CCA-R3-HC., #15 Exhibit Opinion of the Tennessee Court of Criminal Appeals, Kevin Tate v. Bruce Westbrooks, Warden, No. W2003-01477-CCA-R3-HC, 2004 WL 442905 (Tenn. Crim. App. March 10, 2004), perm. app. denied (Tenn. Aug. 30, 2004)., #16 Exhibit Technical Record from Petitioners petition for declaratory judgment proceedings, Chancery Court for Davidson County, Case. No. 15-1263-IV., #17 Exhibit Opinion of the Tennessee Court of Appeals, Kevin Tate v. Tennessee Department of Correction, No. M2016-01611-COA-R3-CV, 2017 WL 3741348 (Tenn. Crim. Aug. 30, 2017), perm. app. denied (Tenn. Nov. 17, 2017).)(Bowen, Meredith) [Transferred from Tennessee Eastern on 11/28/2018.]
March 20, 2018 Opinion or Order Filing 8 ORDER granting #7 Motion for Extension of Time to File Response/Reply. Respondent SHALL have up to and including April 23, 2018 to file its response to the petition. Signed by District Judge Thomas W Phillips on 3/20/2018. (copy mailed to Kevin Tate at Northeast Correctional Complex, P.O. Box 5000, Mountain City, TN 37683) (KMK, ) [Transferred from Tennessee Eastern on 11/28/2018.]
March 9, 2018 Filing 7 MOTION for Extension of Time to File Response/Reply by Randy Lee. (Bowen, Meredith) [Transferred from Tennessee Eastern on 11/28/2018.]
February 7, 2018 Opinion or Order Filing 6 ORDER denying #3 Petitioner's Motion to Appoint Counsel. The Clerk is DIRECTED to serve copies of the petition [Doc. 2] and this Order upon Respondent and the Attorney General for the State of Tennessee. Since it does not plainly appear from the face of the petition that it should be summarily dismissed, Respondent is ORDERED to answer or otherwise respond to the petition within thirty (30) days from the date of this Order. Signed by District Judge Thomas W Phillips on February 7, 2018. (copy mailed to Kevin Tate 256528, NORTHEAST CORRECTIONAL COMPLEX, P.O. BOX 5000, MOUNTAIN CITY, TN 37683, the Warden, and the AG) (AYB) [Transferred from Tennessee Eastern on 11/28/2018.]
December 21, 2017 Filing fee received: $ 5.00, receipt number K3034664 (ABF) [Transferred from Tennessee Eastern on 11/28/2018.]
December 18, 2017 Filing 5 NOTICE of Appearance by Meredith Wood Bowen on behalf of Randy Lee (Bowen, Meredith) [Transferred from Tennessee Eastern on 11/28/2018.]
December 4, 2017 Opinion or Order Filing 4 ORDER denying #1 Petitioner's Motion for Leave to Proceed in forma pauperis. Petitioner shall have thirty (30) days from the date of this order to pay the $5.00 filing fee. If Petitioner fails to respond to this order within the established time-limits or if the filing fee is not received within that period, the Court will assume that he does not wish to prosecute this case and will DISMISS it without prejudice. Signed by District Judge Thomas W Phillips on December 4, 2017. (copy mailed to Kevin Tate, NORTHEAST CORRECTIONAL COMPLEX, P.O. BOX 5000, MOUNTAIN CITY, TN 37683) (AYB) [Transferred from Tennessee Eastern on 11/28/2018.]
November 30, 2017 Filing 3 MOTION to Appoint Counsel by Kevin Tate. (JCK) [Transferred from Tennessee Eastern on 11/28/2018.]
November 30, 2017 Filing 2 PETITION for Writ of Habeas Corpus, filed by Kevin Tate. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Attachment 5, #6 Attachment 6, #7 Attachment 7, #8 Attachment 8, #9 Attachment 9, #10 Envelope)(JCK) [Transferred from Tennessee Eastern on 11/28/2018.]
November 30, 2017 Filing 1 MOTION for Leave to Proceed in forma pauperis by Kevin Tate. (Attachments: #1 Inmate Trust Fund Information)(JCK) [Transferred from Tennessee Eastern on 11/28/2018.]

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Respondent: Randy Lee
Represented By: Meredith Wood Bowen
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Petitioner: Kevin Tate
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