Russell v. Davis, Director TDCJ-CID
| Tora Lakeith Russell |
| William Stephens-Director TDCJ-CID and Lorie Davis, Director TDCJ-CID |
| 3:2014cv00646 |
| February 19, 2014 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Irma Carrillo Ramirez |
| Jorge A Solis |
| 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 8, 2016. A more recent docket listing may be available from PACER.
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Filing 41
ORDER of USCA as to #34 Notice of Appeal, #38 Notice of Appeal. Russell's motion for leave to amend his COA motion and supporting Brief is GRANTED. Russell's motion for COA and his request for an evidentiary hearing are DENIED. (axm)
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Filing 40
ORDER Accepting #37 Findings and Recommendations on case. The #32 Motion to Set Aside Judgment and #33 Motion Relief from Judgment are DENIED. (Ordered by Chief Judge Jorge A Solis on 12/9/2015) (mem)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:40. Wed Dec 9 12:17:03 CST 2015 (crt)
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Filing 39
Status Request by Tora Lakeith Russell with Deputy Clerk Response. (ykp)
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Record on Appeal for USCA5 15-10924 (related to #34 , #38 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA), 2 Electronic state court record(s) is certified. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so, since the USCA5 briefing deadline has now been set. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (svc)
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Filing 38
NOTICE OF APPEAL as to #28 Judgment, to the Fifth Circuit, received from the Fifth Circuit for processing in this office on 10/1/15, by Tora Lakeith Russell. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Attachments: #1 Letter, #2 Envelope) (svc)
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USCA Case Number 15-10924 for #34 Notice of Appeal,,, filed by Tora Lakeith Russell. (svc)
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Filing 37
Findings, Conclusions, and Recommendation re: petitioner's #32 Motion to Move for Ruling and to Set Aside Final Judgment; and #33 Motion FRCP 60(b) Relief from Judgment. Petitioner's motions should be DENIED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/28/2015) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:36. Mon Sep 28 08:27:14 CDT 2015 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:36,37. Mon Sep 28 09:16:37 CDT 2015 (crt)
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Filing 36
ORDER granting the #35 Motion to Proceed In Forma Pauperis on Appeal. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/25/2015) (mcrd)
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Filing 35
MOTION for Leave to Proceed in forma pauperis on appeal with certificate of trust account re: #34 Notice of Appeal filed by Tora Lakeith Russell. (ctf)
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Filing 34
NOTICE OF APPEAL as to #28 Judgment to the Fifth Circuit by Tora Lakeith Russell. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (ctf)
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Filing 33
Motion FRCP 60(b) Relief from Judgment filed by Tora Lakeith Russell. (ctf)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:34. Thu Sep 24 09:00:20 CDT 2015 (crt)
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Filing 32
Motion to Move for Ruling and to Set Aside Final Judgment filed by Tora Lakeith Russell. (ctf)
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Filing 31
ORDER re: petitioner's #29 Motion for Evidentiary Hearing; and #30 Move for Discovery Material. Based on the relevant filings and applicable law, both motions are DENIED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/14/2015) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:31. Mon Sep 14 12:06:50 CDT 2015 (crt)
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Filing 30
MOTION for Discovery Material, filed by Tora Lakeith Russell. (ran)
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Filing 29
MOTION for Evidentiary Hearing, filed by Tora Lakeith Russell. (ran)
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Filing 28
FINAL JUDGMENT: This action having been duly considered and a decision duly rendered, pursuant to Federal Rule of Civil Procedure 58, it is ORDERED, ADJUDGED and DECREED that: 1. The petition for habeas corpus under 28 U.S.C. 2254 is DENIED with prejudice. 2. The Clerk shall transmit a true copy of this Judgment and the Order Accepting the Findings and Recommendation of the United States Magistrate Judge to all parties. (Ordered by Chief Judge Jorge A Solis on 9/11/2015) (ran)
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Filing 27
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. For the reasons stated in the #23 Findings, Conclusions, and Recommendation of the United States Magistrate Judge, by separate judgment, the petition for habeas corpus will be DENIED with prejudice. In accordance with Fed. R. App. P. 22(b) and 28 U.S.C. 2253(c) and after considering the record in this case and the recommendation of the Magistrate Judge, the petitioner is DENIED a Certificate of Appealability. (Ordered by Chief Judge Jorge A Solis on 9/11/2015) (ran)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:27, 28. Fri Sep 11 10:54:37 CDT 2015 (crt)
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Filing 26
OBJECTION to #23 Findings and Recommendations by Tora Lakeith Russell. (jrr)
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Filing 25
ORDER granting in part #24 MOTION for Extension of Time to File Objections. The petitioner's deadline to file his objections is extended until 9/11/2015. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 8/21/2015) (jrr) Modified on 8/28/2015 (mcrd).
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***Clerk's Notice of delivery: (see NEF for details) Docket No:25. Fri Aug 21 10:22:15 CDT 2015 (crt)
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Filing 24
MOTION for Extension of Time to File Objections to #23 Findings and Recommendations filed by Tora Lakeith Russell. (axm)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:23. Fri Aug 7 08:18:26 CDT 2015 (crt)
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Filing 23
FINDINGS, CONCLUSIONS, AND RECOMMENDATION: The petition for habeas corpus relief under 2254 should be DENIED with prejudice. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 8/6/2015) (mcrd)
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Filing 22
ORDER denying petitioner's #20 Motion for Hearing; denying #21 Motion to Take Judicial Notice. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 11/18/2014) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:22. Tue Nov 18 15:59:51 CST 2014 (crt)
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Filing 21
MOTION to Take Judicial Notice of the Record and Exhibits filed by Tora Lakeith Russell. (tln)
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Filing 20
MOTION for Evidentiary Hearing filed by Tora Lakeith Russell. (tln)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:19. Wed Jul 16 08:12:50 CDT 2014 (crt)
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Filing 19
ORDER re: #18 Motion FRCP 60(b) Relief from Judgment. Because the motion appears to challenge the same conviction as his petition for writ of habeas corpus, it is duplicative and unnecessary, and it shall be terminated on this basis. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 7/15/2014) (mcrd)
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Filing 18
MOTION for FRCP 60(b) Relief from Judgment filed by Tora Lakeith Russell. (twd)
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Filing 17
REPLY filed by Tora Lakeith Russell re: #15 Response to Habeas Petition. (twd)
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Filing 16
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by William Stephens Director TDCJ-CID. (Manojlovich, Jessica)
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Filing 15
RESPONSE to #3 Petition for Writ of Habeas Corpus, filed by William Stephens Director TDCJ-CID. (Manojlovich, Jessica)
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Filing 14
Administrative Record consisting of State court papers Final Part filed by William Stephens Director TDCJ-CID. (Attachments: #1 Notice Case Set for Submission, #2 Inmate Corr., #3 Response to Inmate Corr, #4 Memorandum Opinion, #5 Pro se Petition for Writ of Mandamus, #6 Certificate of Compliance, #7 Court Order (02-21-2012), #8 Inmate Corr, #9 Response to Inmate Corr., #10 PDR Redrawn, #11 PDR Original, #12 WR-80,638-01 Writ) (Manojlovich, Jessica)
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Filing 13
Administrative Record consisting of State court papers Part 2 filed by William Stephens Director TDCJ-CID. (Attachments: #1 Notice App Brief Due, #2 Notice App Brief Due (copy), #3 Inmate Corr., #4 Second Mtn for Ext of Time (copy), #5 Case Status, #6 Court Order (12-31-2010), #7 Appellant's Brief, #8 Court Order (04-15-2011), #9 State's First Mtn for Ext of Time, #10 Court Order (05-04-2011), #11 Inmate Corr., #12 Inmate Req. for Copies, #13 Response to Req. for Copies, #14 Applnt's Mtn for Trial Transcripts, #15 State's Second Mtn for Ext of Time, #16 State's Brief, #17 Court Order (09-15-2011), #18 Court Order (09-21-2011), #19 Pro se Reply Brief, #20 Notice of Documents Returned) (Manojlovich, Jessica)
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Filing 12
Administrative Record consisting of State court papers Part 1 filed by William Stephens Director TDCJ-CID. (Attachments: #1 Notice of Appeal, #2 Clerk's Record, #3 Case Status Request, #4 Case Status, #5 Case Status (copy), #6 Court Order (10-25-2010), #7 RR 1 of 10 Master Index, #8 RR 2 of 10 Pretrial Hrg., #9 RR 3 of 10 Pretrial Hrg., #10 RR 4 of 10 Pretrial Hrg., #11 RR 5 of 10 Pretrial Hrg., #12 RR 6 of 10 Voir Dire, #13 RR 7 of 10 Trial on Merits, #14 RR 8 of 10 Trial on Merits, #15 RR 9 of 10 Punishment, #16 RR 10 of 10 Exhibits (part 1), #17 RR 10 of 10 Exhibits (part 2), #18 Second Mtn for Ext of Time, #19 First Mtn for Ext of Time, #20 Court Order Granting Mtn) (Manojlovich, Jessica)
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Filing 11
ORDER Extending Time to File Answer. On the motion of Respondent, the Directors time for filing his answer is extended for thirty days, up to and 6/26/2014. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 5/27/2014) (mcrd)
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Filing 10
MOTION for Extension of Time to File Response/Reply to #8 Order to Show Cause, filed by William Stephens Director TDCJ-CID with Brief/Memorandum in Support. (Manojlovich, Jessica)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Tue May 27 16:55:07 CDT 2014 (crt)
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Filing 9
Electronic Service made to the Office of the Attorney General of Texas re #3 Petition for Writ of Habeas Corpus, #8 Order to Show Cause. (twd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Fri Mar 28 08:26:40 CDT 2014 (crt)
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Petition, supporting documents, if any, and Order(s) received by Office ofthe Attorney General of Texas: Laura L Haney received on 3/28/2014. (twd)
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Filing 8
ORDER TO SHOW CAUSE AND NOTICE AND INSTRUCTIONS TO PARTIES. The clerk will electronically serve this order, the petition, and supporting documents to the designee for the Office of the Texas Attorney General. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 3/27/2014) (twd)
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Filing 7
ORDER: Before the Court is the petitioner's motion, received on 2/19/2014, seeking a Certificate of Appealability (COA) in the event that his federal habeas petition is dismissed. (doc. #5 .) The petitioner's federal habeas petition was received on 2/19/2014. (See doc. #3 .) This Court has not yet reviewed the merits of that petition and has not entered a final order in this case. His motion requesting a COA is therefore premature at this stage of the proceedings, the motion shall be terminated for that reason. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 2/25/2014) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Tue Feb 25 09:08:38 CST 2014 (crt)
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Filing 6
Order and Notice of Deficiency: Tora Lakeith Russell must address the following deficiency: You have not paid the filing fee for this case or submitted a request to proceed in forma pauperis. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 30 days. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 2/21/2014) (Attachments: #1 Application for IFP) (cea)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Fri Feb 21 15:07:23 CST 2014 (crt)
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Filing 5
MOTION for Certificate of Appealability filed by Tora Lakeith Russell. (cea)
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Filing 4
Brief/Memorandum in Support filed by Tora Lakeith Russell re #3 Petition for Writ of Habeas Corpus. (cea)
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Filing 3
PETITION for Writ of Habeas Corpus filed by Tora Lakeith Russell. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (cea)
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Filing 2
Notice and Instruction to Pro Se Party. (cea)
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Filing 1
New Case Notes: A filing fee has not been paid. File to writ clerk/staff attorney. CASREF case referral set and case referred to Magistrate Judge Ramirez (see Special Order 3). Initiating documents received by mail. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (cea)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Wed Feb 19 13:11:48 CST 2014 (crt)
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