Thompson v. Holloway et al
| Anthony Thompson |
| James Holloway and Attorney General of Tennessee, Herbert Slatery, III |
| 2:2021cv02244 |
| April 16, 2021 |
| U.S. District Court for the Western District of Tennessee |
| Mark S Norris |
| Tu M Pham |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 13 Petitioner's RESPONSE to Motion re #12 MOTION to Dismiss the Petition for a Writ of Habeas Corpus for Untimeliness filed by Anthony Thompson. (Attachments: #1 envelope)(agj) |
| Filing 12 MOTION to Dismiss the Petition for a Writ of Habeas Corpus for Untimeliness by James Holloway. (Attachments: #1 Memorandum in Support of Motion to Dismiss the Petition for a Writ of Habeas Corpus for Untimeliness)(Bolduc, Nicholas) |
| Filing 11 INDEX OF STATE COURT RECORD by James Holloway. (Attachments: #1 Exhibit Technical Record on Direct Appeal, #2 Exhibit Supplemental Technical Record on Direct Appeal, #3 Exhibit Exhibits from Jury Trial on Direct Appeal, #4 Exhibit Transcript of Pretrial Hearing and Voir Dire on Direct Appeal, #5 Exhibit Volume I of Trial Transcript on Direct Appeal, #6 Exhibit Volume II of Trial Transcript on Direct Appeal, #7 Exhibit Transcript of Hearing on Motion for a New Trial on Direct Appeal, #8 Exhibit Brief of Appellant on Direct Appeal, #9 Exhibit Brief of State on Direct Appeal, #10 Exhibit Reply Brief of Appellant on Direct Appeal, #11 Exhibit Opinion of Tennessee Court of Criminal Appeals on Direct Appeal, #12 Exhibit Application for Discretionary Review on Direct Appeal, #13 Exhibit State's Response Letter on Direct Appeal, #14 Exhibit Order of the Tennessee Supreme Court Denying Application for Discretionary Review on Direct Appeal, #15 Exhibit Technical Record on Post-Conviction Appeal, #16 Exhibit Supplemental Technical Record on Post-Conviction Appeal, #17 Exhibit Exhibits on Post-Conviction Appeal, #18 Exhibit Transcript of Post-conviction Evidentiary Hearing on Post-Conviction Appeal, #19 Exhibit Brief of Appellant on Post-Conviction Appeal, #20 Exhibit Brief of State on Post-Conviction Appeal, #21 Exhibit Opinion of Tennessee Court of Criminal Appeals on Post-Conviction Appeal, #22 Exhibit Application for Discretionary Review on Post-Conviction Appeal, #23 Exhibit State's Response Letter on Post-Conviction Appeal, #24 Exhibit Order of Tennessee Supreme Court Denying Discretionary Review on Post-Conviction Appeal)(Bolduc, Nicholas) |
| Filing 10 NOTICE of certified Mail return receipt [9590 9402 3890 8060 2177 90] (agj) |
Filing 9
ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL, DIRECTING RESPONDENT TO FILE RECORD AND RESPOND TO THE PETITION. Signed by Judge Mark S. Norris on 4/19/2021. (Norris, Mark)
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| Filing 8 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) |
| Filing 7 Case transferred in from District of Tennessee Middle; Case Number 3:21-cv-00261. Original file certified copy of transfer order and docket sheet received. (Additional attachment(s) added on 4/16/2021: #2 Judicial Cards) (csf). |
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Filing 6
ORDER DISMISSING CASE: Petitioner Anthony Thompson, an inmate of the Lois DeBerry Special Needs Facility in Nashville, Tennessee, filed a pro se petition under 28 U.S.C. 2254 for a writ of habeas corpus challenging his conviction and sentence for first degree murder for which he is serving a sentence of life imprisonment in the Tennessee Department of Correction. ( #1 at 1). Petitioner also filed an application to proceed in forma pauperis #2 and a motion for the appointment of counsel #3 . It appears from Petitioner's application that he does not have sufficient financial resources to pay the filing fee. Therefore, Petitioner's application #2 is GRANTED. Under 28 U.S.C. 2241(d), a habeas petitioner may file in either the judicial district where a petitioner was convicted or the judicial district where he is currently incarcerated. Therefore, venue for this action is proper in both the Western and Middle Districts of Tennessee. However, a petitioner's place of confinement may change from time to time while the district of his convictions will remain constant. For this reason, it has been the consistent practice in the federal courts of Tennessee to transfer habeas petitions to the judicial district in which the convicting court is located. In this case, the Western District is the district of Petitioner's conviction. Accordingly, the Clerk SHALL transfer this action the United States District Court for the Western District of Tennessee, Western Division. 28 U.S.C. 123(c)(2). All future submissions by Petitioner shall be filed in that Court. Petitioner's motion for the appointment of counsel #3 will be handled by the transferee court. Signed by District Judge Eli J. Richardson on 4/16/2021. (xc: Pro se party by regular mail.) (kc) [Transferred from Tennessee Middle on 4/16/2021.]
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| TN State Bar status verified as active for Nicholas S. Bolduc admitted to this court. (kc) [Transferred from Tennessee Middle on 4/16/2021.] |
| Filing 4 NOTICE of Appearance by Nicholas S. Bolduc on behalf of James Holloway (Bolduc, Nicholas) [Transferred from Tennessee Middle on 4/16/2021.] |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) [Transferred from Tennessee Middle on 4/16/2021.] |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (kc) [Transferred from Tennessee Middle on 4/16/2021.] |
| Filing 5 MOTION to Appoint Counsel by Anthony Thompson. (kc) [Transferred from Tennessee Middle on 4/16/2021.] |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Anthony Thompson. (kc) [Transferred from Tennessee Middle on 4/16/2021.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Anthony Thompson.(kc) [Transferred from Tennessee Middle on 4/16/2021.] |
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