Cunningham v. Paris
Petitioner: Derek Cunningham, II
Respondent: Michael Paris
Case Number: 2:2021cv02809
Filed: December 28, 2021
Court: US District Court for the Western District of Tennessee
Office: Memphis Office
Presiding Judge: Mark S Norris
Referring Judge: Tu M Pham
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254
Jury Demanded By: None
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This docket was last retrieved on May 23, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 17, 2022 Opinion or Order Filing 17 MOTION to Dismiss UNTIMELY PETITION FOR WRIT OF HABEAS CORPUS by Michael Paris. (Attachments: #1 Exhibit Memorandum of Law and Facts In Support of Motion to Dismiss Untimely Habeas Corpus Petition)(Stahl, Michael)
February 15, 2022 Opinion or Order Filing 16 INDEX OF STATE COURT RECORD by Michael Paris. (Attachments: #1 Exhibit Technical record on post-conviction review, post-conviction appeal record Vol. 1, Shelby County Criminal Court case no. 14-01981., #2 Exhibit Exhibits to Petitioners post-conviction proceedings, post-conviction appeal record Vol. 2, Shelby County Criminal Court case no. 14-01981., #3 Exhibit Transcript of Petitioners post-conviction hearing, post-conviction appellate record Vol. 3, Shelby County Criminal Court case no. 14-01981, #4 Exhibit Notice of appeal (PCR), Shelby County Criminal Court case no. 14-01981., #5 Exhibit Petitioners motion to the TCCA for help obtaining the PCR technical record (Jan. 23, 2017): Derek Cunningham v. State of Tennessee, No. W2016-01974-CCA-R3-PC, 2017 WL 2972229 (Tenn. Crim. App. Jul. 12, 2017); perm. app. denied (Tenn. Oct. 5, 2017)., #6 Exhibit Order denying Petitioners motion (Jan. 26, 2017): Derek Cunningham v. State of Tennessee, No. W2016-01974-CCA-R3-PC, 2017 WL 2972229 (Tenn. Crim. App. Jul. 12, 2017); perm. app. denied (Tenn. Oct. 5, 2017)., #7 Exhibit Petitioners motion for additional time to file brief (Jan. 30, 2017: Derek Cunningham v. State of Tennessee, No. W2016-01974-CCA-R3-PC, 2017 WL 2972229 (Tenn. Crim. App. Jul. 12, 2017); perm. app. denied (Tenn. Oct. 5, 2017)., #8 Exhibit Order granting motion (Feb. 2, 2017): Derek Cunningham v. State of Tennessee, No. W2016-01974-CCA-R3-PC, 2017 WL 2972229 (Tenn. Crim. App. Jul. 12, 2017); perm. app. denied (Tenn. Oct. 5, 2017)., #9 Exhibit Petitioners motion to late-file appeal brief (Mar. 3, 2017): Derek Cunningham v. State of Tennessee, No. W2016-01974-CCA-R3-PC, 2017 WL 2972229 (Tenn. Crim. App. Jul. 12, 2017); perm. app. denied (Tenn. Oct. 5, 2017)., #10 Exhibit Order granting motion (Mar. 3, 2017: Derek Cunningham v. State of Tennessee, No. W2016-01974-CCA-R3-PC, 2017 WL 2972229 (Tenn. Crim. App. Jul. 12, 2017); perm. app. denied (Tenn. Oct. 5, 2017)., #11 Exhibit Brief of Appellant, Derek Cunningham, on post-conviction appeal: Derek Cunningham v. State of Tennessee, No. W2016-01974-CCA-R3-PC, 2017 WL 2972229 (Tenn. Crim. App. Jul. 12, 2017); perm. app. denied (Tenn. Oct. 5, 2017)., #12 Exhibit Brief of Appellee, State of Tennessee, on post-conviction appeal: Derek Cunningham v. State of Tennessee, No. W2016-01974-CCA-R3-PC, 2017 WL 2972229 (Tenn. Crim. App. Jul. 12, 2017); perm. app. denied (Tenn. Oct. 5, 2017)., #13 Exhibit Opinion of the Tennessee Court of Criminal Appeals: Derek Cunningham v. State of Tennessee, No. W2016-01974-CCA-R3-PC, 2017 WL 2972229 (Tenn. Crim. App. Jul. 12, 2017); perm. app. denied (Tenn. Oct. 5, 2017)., #14 Exhibit Judgment of the Tennessee Court of Criminal Appeals: Derek Cunningham v. State of Tennessee, No. W2016-01974-CCA-R3-PC, 2017 WL 2972229 (Tenn. Crim. App. Jul. 12, 2017); perm. app. denied (Tenn. Oct. 5, 2017)., #15 Exhibit Petitioners R.11 application for discretionary review: Derek Cunningham v. State of Tennessee, No. W2016-01974-SC-R11-PC (Tenn. Oct. 5, 2017)., #16 Exhibit Order denying R.11 application: Derek Cunningham v. State of Tennessee, No. W2016-01974-SC-R11-PC (Tenn. Oct. 5, 2017)., #17 Exhibit Technical record of Petitioners motion to correct an illegal sentence proceedings, direct appeal record Vol. 1, Shelby County Criminal Court No. 14-01981., #18 Exhibit Notice of appeal, Shelby County Criminal Court No. 14-01981., #19 Exhibit TCCA order denying motion to proceed as pauper (Nov. 30, 2018): State of Tennessee v. Derek Cunningham, No. W2018-02075-CCA-R3-CD, 2019 WL 1895863 (Tenn. Crim. App. Apr. 29, 2019)., #20 Exhibit Second order denying motion to proceed as pauper (Dec. 21, 2018): State of Tennessee v. Derek Cunningham, No. W2018-02075-CCA-R3-CD, 2019 WL 1895863 (Tenn. Crim. App. Apr. 29, 2019)., #21 Exhibit Third order denying motion to proceed as indigent: State of Tennessee v. Derek Cunningham, No. W2018-02075-CCA-R3-CD, 2019 WL 1895863 (Tenn. Crim. App. Apr. 29, 2019)., #22 Exhibit Brief of Appellant, Derek Cunningham, on direct appeal: State of Tennessee v. Derek Cunningham, No. W2018-02075-CCA-R3-CD, 2019 WL 1895863 (Tenn. Crim. App. Apr. 29, 2019)., #23 Exhibit Brief of Appellee, State of Tennessee, on direct appeal: State of Tennessee v. Derek Cunningham, No. W2018-02075-CCA-R3-CD, 2019 WL 1895863 (Tenn. Crim. App. Apr. 29, 2019)., #24 Exhibit Opinion of the Tennessee Court of Criminal Appeals: State of Tennessee v. Derek Cunningham, No. W2018-02075-CCA-R3-CD, 2019 WL 1895863 (Tenn. Crim. App. Apr. 29, 2019)., #25 Exhibit Judgment of the Tennessee Court of Criminal Appeals: State of Tennessee v. Derek Cunningham, No. W2018-02075-CCA-R3-CD, 2019 WL 1895863 (Tenn. Crim. App. Apr. 29, 2019).)(Stahl, Michael)
February 8, 2022 Opinion or Order Filing 15 Domestic Return Receipt of certified mail to Warden Mike Parris. (jae)
February 2, 2022 Opinion or Order Filing 14 Domestic Return Receipt of mail sent to Office of TN Attorney General (jae)
January 27, 2022 Opinion or Order Filing 13 ORDER DIRECTING RESPONDENT TO FILE RECORD AND RESPOND TO PETITION. Signed by Judge Mark S. Norris on 01/27/2022. (Norris, Mark)
January 20, 2022 Opinion or Order Filing 12 ORDER DENYING #5 MOTION FOR APPOINTMENT OF COUNSEL. Signed by Judge Mark S. Norris on 01/22/2022. (Norris, Mark)
January 20, 2022 Opinion or Order Filing 11 ORDER GRANTING #10 LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge Mark S. Norris on 01/22/2022. (Norris, Mark)
January 10, 2022 Opinion or Order Filing 10 PRO SE AMENDED MOTION (signed) for Leave to Proceed in forma pauperis by Derek Cunningham, II. (Attachments: #1 envelope)(jae)
December 28, 2021 Opinion or Order Filing 9 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 (jae)
December 28, 2021 Opinion or Order Filing 8 Case transferred in from District of Tennessee Eastern; Case Number 3:21-cv-00300. Original file certified copy of transfer order and docket sheet received. (Additional attachment(s) added on 12/28/2021: #2 Judicial assignment cards) (jae).
December 28, 2021 Opinion or Order Filing 7 JUDGMENT ORDER TRANSFERRING CASE to the Western District of TN (Western Division). Signed by District Judge Katherine A Crytzer on 12/28/21. (c/m to Derek Cunningham, II #555452, MORGAN COUNTY CORRECTIONAL COMPLEX, Post Office Box 2000, WARTBURG, TN 37887)(ABF) [Transferred from Tennessee Eastern on 12/28/2021.]
December 28, 2021 Opinion or Order Filing 6 MEMORANDUM AND OPINION as set forth in following order. Signed by District Judge Katherine A Crytzer on 12/28/21. (c/m to Derek Cunningham, II #555452, MORGAN COUNTY CORRECTIONAL COMPLEX, Post Office Box 2000, WARTBURG, TN 37887)(ABF) [Transferred from Tennessee Eastern on 12/28/2021.]
December 28, 2021 Opinion or Order Case transferred to District of Western District of TN. Certified copy of transfer order, and docket sheet sent. (ABF) [Transferred from Tennessee Eastern on 12/28/2021.]
August 19, 2021 Opinion or Order Filing 5 MOTION for Appointment of Counsel by Derek Cunningham, II. (ADA) [Transferred from Tennessee Eastern on 12/28/2021.]
August 19, 2021 Opinion or Order Filing 4 MOTION for Leave to Proceed in forma pauperis by Derek Cunningham, II. (ADA) [Transferred from Tennessee Eastern on 12/28/2021.]
August 11, 2021 Opinion or Order Filing 3 NOTICE of Appearance by Michael Matthew Stahl on behalf of Michael Paris (Stahl, Michael) [Transferred from Tennessee Eastern on 12/28/2021.]
August 10, 2021 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. (ADA) [Transferred from Tennessee Eastern on 12/28/2021.]
August 10, 2021 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus, filed by Derek Cunningham, II.(ADA) [Transferred from Tennessee Eastern on 12/28/2021.]

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Petitioner: Derek Cunningham, II
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Respondent: Michael Paris
Represented By: Michael Matthew Stahl
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