Smith v. Director
Petitioner: Michael Royce Smith
Respondent: TDCJ-CID Director
Case Number: 6:2019cv00073
Filed: March 4, 2019
Court: US District Court for the Eastern District of Texas
Presiding Judge: Jeremy D Kernodle
Referring Judge: K Nicole Mitchell
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 April 26, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 26, 2019 Filing 17 ACKNOWLEDGMENT OF RECEIPT by Michael Royce Smith as to #15 Order, #16 Judgment - RECEIVED 4.24.2019. (rlf)
April 17, 2019 Opinion or Order Filing 16 FINAL JUDGMENT. IT IS HEREBY ORDERED that the above-entitled and numbered cause of action is DISMISSED WITH PREJUDICE. All motions by either party not previously ruled on are hereby DENIED. Signed by District Judge Jeremy D. Kernodle on 4/17/2019. (rlf)
April 17, 2019 Opinion or Order Filing 15 ORDER OF DISMISSAL. It is accordingly ORDERED that the Report and Recommendation (Docket No. #10 ) is ADOPTED. It is further ORDERED that the petition for a writ of habeas corpus is DENIED and the case is DISMISSED WITH PREJUUDICE. A certificate of appealability is DENIED. It is finally ORDERED that all motions not previously ruled on are hereby DENIED. Signed by District Judge Jeremy D. Kernodle on 4/17/2019. (rlf)
April 12, 2019 Filing 14 OBJECTION to #10 Report and Recommendations by Michael Royce Smith. (Attachments: #1 Envelope(s))(gsg)
April 10, 2019 Filing 13 ACKNOWLEDGMENT OF RECEIPT by Michael Royce Smith as to #10 Report and Recommendations - RECEIVED 4.8.2019. (rlf)
April 8, 2019 Filing 12 OBJECTION/RESPONSE to #10 Report and Recommendations by Michael Royce Smith. (rlf)
April 4, 2019 Filing 11 ACKNOWLEDGMENT OF RECEIPT by Michael Royce Smith as to #9 Order on Motion for Miscellaneous Relief - RECEIVED April 1, 2019. (ndc)
April 1, 2019 Filing 10 REPORT AND RECOMMENDATIONS re #1 Petition for Writ of Habeas Corpus be denied, and the case be dismissed with prejudice as time-barred. It is further recommended that a certificate of appealability be denied, sua sponte. Signed by Magistrate Judge K. Nicole Mitchell on 4/1/2019. (rlf)
March 23, 2019 Opinion or Order Filing 9 ORDER denying #7 Motion for Appropriate Relief under Rule 5(b) with brief in support for the habeas petition's time limitation to be tolled under the "Look Through Law." Signed by Magistrate Judge K. Nicole Mitchell on 3/23/2019. (rlf)
March 21, 2019 Filing 8 ACKNOWLEDGMENT OF RECEIPT by Michael Royce Smith as to #5 Order, #3 Order on Motion for Leave to Proceed in forma pauperis - RECEIVED 3.13.2019. (rlf)
March 20, 2019 Filing 7 MOTION for Relief Under Rule 5(b) with Brief in Support re time Limitations to be Tolled Under the "Look Through Law" by Michael Royce Smith. (Attachments: #1 Envelope)(rlf)
March 6, 2019 Opinion or Order Filing 5 ORDER FOR PETITIONER TO RESPOND. It is therefore ORDERED that Petitioner has fourteen days from the receipt of this order to respond to the issue of whether his petition should be dismissed as time-barred. Signed by Magistrate Judge K. Nicole Mitchell on 3/6/2019. (rlf)
March 6, 2019 Filing 4 CASE REFERRED to Magistrate Judge K Nicole Mitchell. (rlf)
March 6, 2019 Opinion or Order Filing 3 ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge K. Nicole Mitchell on 3/6/2019. (rlf)
March 6, 2019 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. Consent form mailed to Petitioner. (rlf)
March 4, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis (with IFP Data Sheet) by Michael Royce Smith. (rlf)
March 4, 2019 Filing 1 PETITION for Writ of Habeas Corpus, filed by Michael Royce Smith. (Attachments: #1 Rebuttal to the States Presumption of Correctness with Brief, #2 Envelope)(rlf)

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Petitioner: Michael Royce Smith
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Respondent: TDCJ-CID Director
Represented By: Edward Larry Marshall
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