Atkins v. Director, TDCJ-CID
| John Louis Atkins |
| Bryan Collier and Director, TDCJ-CID |
| 1:2023cv00192 |
| September 25, 2023 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 18 NOTICE dated 11/14/2023 filed by John Louis Atkins. (skf) |
| Filing 17 MOTION to Reurge the Motion for Leave to Amend and/or Supplement the Petition filed by John Louis Atkins, with Brief/Memorandum in Support. (Attachments: #1 Memorandum of Law) (amg) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 16. with amended 2254 form mailed to John Louis Atkins at TDCJ Coffield Unit on Tue Nov 14 10:45:03 CST 2023 (crt) |
Filing 16
ORDER. Petitioner's request to submit the state-court record through his sister, via electronic medium, is denied. Additionally, the Court will not permit Petitioner to supplement his Petition in piecemeal fashion, so the Clerk is directed to unfile Petitioner's unauthorized supplemental document (Dkt. No. 14). However, the Court will give Petitioner an opportunity to file a final, complete amended petition, containing all of his grounds for relief. Petitioner's motion for an extension of time is granted. Petitioner must file his final, complete amended petition, and any brief in support of his petition, within 40 days of the date of this order. As a result, the Court stays all deadlines imposed on Respondent by its October 26, 2023 order. After Petitioner files his final amended petition and any supporting brief, the Court will issue an amended order setting a briefing schedule for this case. The Clerk will send Petitioner a Section 2254 form marked "amended" and stamped with this cause number for his use in complying with this order. **Clerk's Note: amended Section 2254 form mailed under cover of this Order to Petitioner. (Ordered by Judge James Wesley Hendrix on 11/13/2023) (amg)
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| Filing 15 NOTICE of Attorney Appearance by Sarah Miranda Harp on behalf of Director, TDCJ-CID. (Filer confirms contact info in ECF is current.) (Harp, Sarah) |
| Filing 14 **UNFILED per #16 Order**Supplemental Document (Additional Grounds to be Presented) by John Louis Atkins as to #1 Petition for Writ of Habeas Corpus. (amg) Modified on 11/14/2023 (amg). |
| Filing 13 MOTION for Extension of Time to File Memorandum of Law Brief, MOTION to Submit State Court Records Via Electronic Medium (See Cover Page), filed by John Louis Atkins. (amg) |
| Filing 12 RESPONSE filed by John Louis Atkins re: 5 Order And Notice of Deficiency. **Clerk's Note: docketed per instructions of STSBJ/Judge Hendrix. (amg) |
| Filing 11 Acknowledgment of Electronic Service of The Office of the Texas Attorney General re #10 Order to Show Cause, Notice and Instructions to Parties. (amg) |
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Filing 10
ORDER TO SHOW CAUSE, NOTICE, AND INSTRUCTIONS TO PARTIES. Respondent is directed to file an answer to Petitioner's petition pursuant to Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts within 60 days from the date of this order. No extensions will be granted. Copies of the petition, attachments, any supporting brief, all orders, and other documents filed in this action will be served electronically upon the Texas Attorney General as Counsel for Respondent and will be directed to the attention of Edward Marshall, Chief, Criminal Appeals Division, Office of the Attorney General of Texas, Austin, Texas. **Clerk's Note: this order, the petition, and supporting documents have been electronically served on the Office of the Texas Attorney General. (Ordered by Judge James Wesley Hendrix on 10/26/2023) (amg)
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Filing 9
ORDER denying #4 Motion for Leave to Amend or Supplement his Petition. Petitioner may refile his request with a proposed complete amended petition that specifies what information, records, or grounds for relief he seeks to add. (Ordered by Judge James Wesley Hendrix on 10/26/2023) (amg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 9, 10. mailed to John Louis Atkins at TDCJ Coffield Unit on Thu Oct 26 15:53:33 CDT 2023 (crt) |
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Filing 8
ELECTRONIC ORDER: Petitioner's application to proceed in forma pauperis, Dkt No. #6 , is GRANTED until further order. Reminder: Petitioner must promptly notify the Court of any change of address by filing a written notice of change of address with the Clerk. Failure to file this notice may result in the dismissal of the petition for failure to prosecute. (Ordered by Judge James Wesley Hendrix on 10/25/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 8. mailed to John Louis Atkins at TDCJ Coffield Unit on Wed Oct 25 16:14:44 CDT 2023 (crt) |
| Filing 7 Public correspondence filed, deputy clerk response attached, received from John Louis Atkins. **Clerk's Note: copy of public docket sheet mailed to John Louis Atkins at TDCJ Coffield Unit. (Attachments: #1 Clerk's Response Letter) (amg) (Attachment 1 replaced on 10/24/2023) (amg). |
| Filing 6 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by John Louis Atkins. (amg) |
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Filing 5
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY: Petitioner did not pay the required filing fee or file a request to proceed in forma pauperis. Therefore, Petitioner is ORDERED to pay the $5.00 filing fee or file an application to proceed in forma pauperis with the required certificate of inmate trust account by October 26, 2023 (30 days). Petitioner's failure to comply with this order may result in the dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b). Forms necessary to comply with this order are available in the law library of the prison unit in which Petitioner is confined. (Ordered by Judge James Wesley Hendrix on 9/26/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 5. mailed to John Louis Atkins at TDCJ Coffield Unit on Tue Sep 26 10:36:46 CDT 2023 (crt) |
| Filing 4 MOTION for Leave to Amend and/or Supplement the Petition filed by John Louis Atkins. (amg) |
| Filing 3 New Case Notes: A filing fee has not been paid. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) (amg) |
| Filing 2 Notice and Instruction to Pro Se Party. (amg) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by John Louis Atkins. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge.**Clerk's Note: received 1 of 2 envelopes, per cover letter, 2nd envelope to be mailed after receipt of certified inmate trust statement received. (Attachments: #1 Additional Page(s), #2 Exhibit(s)) (amg) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 2. mailed to John Louis Atkins at TDCJ Coffield Unit on Mon Sep 25 11:37:45 CDT 2023 (crt) |
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