Kendall v. Garza et al
Defendant: Laura Haney
Petitioner: Tracy Lee Kendall
Respondent: Kimberly L. Garza and Bobby Lumpkin
Case Number: 1:2021cv00568
Filed: November 17, 2021
Court: US District Court for the Eastern District of Texas
Presiding Judge: Marcia A Crone
Referring Judge: Christine L Stetson
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 14, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 14, 2022 Filing 17 OBJECTION to #12 Report and Recommendation by Tracy Lee Kendall. (kcv, )
January 7, 2022 Filing 16 Letter from Tracy Lee Kendall regarding continued mail delays. (kcv, )
January 3, 2022 Filing 15 Letter to the Court from Tracy Lee Kendall regarding address and mail delays. (Address reflected on docket remains correct) (kcv, )
December 28, 2021 Filing 14 NOTICE of Change of Address by Tracy Lee Kendall. (Correct address at the Stiles Unit is already reflected on docket.) (kcv, )
December 27, 2021 Filing 13 NOTICE of Change of Address by Tracy Lee Kendall from: Coffield Unit to: Stiles Unit 3060 FM 3514 Beaumont TX 77705 (bjc, )
December 7, 2021 Filing 12 REPORT AND RECOMMENDATION recommending that the #1 Petition for Writ of Habeas Corpus should be denied. Signed by Magistrate Judge Christine L. Stetson on 12/7/21. (kcv, )
December 7, 2021 Filing 11 NOTICE of Attorney Appearance by Patrick Daniel Todd on behalf of Bobby Lumpkin (Todd, Patrick)
November 17, 2021 Filing 10 Case transferred in from District of Texas Western; Case Number 4:21-cv-00081. Original file certified copy of transfer order and docket sheet received.
November 17, 2021 Case Assigned to District Judge Marcia A. Crone. (bjc, )
November 17, 2021 CASE REFERRED to Magistrate Judge Christine L. Stetson. (bjc, )
November 16, 2021 Opinion or Order Filing 9 Final Order of Transfer, Petitioners Application for Writ of Habeas Corpus by a Person in State Custody filed pursuant to 28 U.S.C. 2254, the Court finds that it is in the interest of justice to TRANSFER Petitioners HabeasApplication to the United States District Court for the Eastern District of Texas, Beaumont Division. The Court also acts to RESCIND other orders entered thus far in this case as it was without jurisdiction to deny counsel or issue service on Respondent. Signed by Judge David Counts. (ab1) [Transferred from Texas Western on 11/17/2021.]
November 16, 2021 Opinion or Order Filing 8 ORDER SUA SPONTE Transferring Cause to The United States District Court for the Eastern District of Texas, Beaumont Division. Accordingly, it is hereby ORDERED that Petitioners Application for Writ of Habeas Corpus by a Person in State Custody filed pursuant to 28 U.S.C. 2254 is TRANSFERRED to theUnited States District Court for the Eastern District of Texas, Beaumont Division. The Court also facts to rescind other orders entered thus far in this case as it was without jurisdiction to deny counselor issue service on Respondent. Signed by Judge David Counts. (ab1) [Transferred from Texas Western on 11/17/2021.]
November 11, 2021 Opinion or Order Filing 6 ORDER Directing Respondent to file an Answer re #1 Petition for Writ of Habeas Corpus, filed by Tracy Lee Kendall. In accordance with Rules 4 and 5 of the Rules Governing 2254 Cases, the Clerk shall serve Respondent with a copy of Petitioners 28 U.S.C. 2254 Habeas Corpus Application withMemorandum in Support [docket number 1], and direct Respondent to file an answer or other responsive pleading. Signed by Judge David Counts. (ab1) [Transferred from Texas Western on 11/17/2021.]
November 10, 2021 Opinion or Order Filing 7 ORDER DENYING #2 Motion to Appoint Counsel Signed by Judge David Counts. (jb3) [Transferred from Texas Western on 11/17/2021.]
November 10, 2021 CASE NO LONGER REFERRED to Magistrate Judge David B. Fannin. (ab1) [Transferred from Texas Western on 11/17/2021.]
November 4, 2021 Case transferred in from Midland Division on 11/04/2021. Case Number 7:21-cv-205. Case assigned to Judge David Counts, filed by Tracy Lee Kendall.(ab1) [Transferred from Texas Western on 11/17/2021.]
November 4, 2021 Opinion or Order Filing 5 FINAL ORDER OF TRANSFER re #4 Order transferring this cause to the United States District Court for the Western District of Texas, Pecos Division. Signed by Judge David Counts. (sg) [Transferred from Texas Western on 11/17/2021.]
November 4, 2021 Opinion or Order Filing 4 ORDER TRANSFERRING CAUSE TO THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS, PECOS DIVISION. Signed by Judge David Counts. (sg) [Transferred from Texas Western on 11/17/2021.]
November 3, 2021 Filing 3 Case Opening Letter by Tracy Lee Kendall. (kg) [Transferred from Texas Western on 11/17/2021.]
November 2, 2021 Filing 2 MOTION to Appoint Counsel by Tracy Lee Kendall. (kg) [Transferred from Texas Western on 11/17/2021.]
November 2, 2021 Filing 1 Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 700017307), filed by Tracy Lee Kendall.(kg) (Additional attachment(s) added on 11/3/2021: #1 Attachment A, #2 Attachment B, #3 Memo in Support, #1 Exhibit, #2 Exhibit, #3 Exhibit) (kg). (Main Document 1 replaced on 11/3/2021) (kg). Modified on 11/3/2021 (kg). [Transferred from Texas Western on 11/17/2021.]

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Petitioner: Tracy Lee Kendall
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Defendant: Laura Haney
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Respondent: Kimberly L. Garza
Represented By: Edward Larry Marshall
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Respondent: Bobby Lumpkin
Represented By: Edward Larry Marshall
Represented By: Patrick Daniel Todd
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