Boyle v. Polk et al
| James Franklin Boyle |
| The State of Texas, FNU Polk and Lorie Davis-Director TDCJ-CID |
| 4:2020cv00190 |
| February 27, 2020 |
| US District Court for the Northern District of Texas |
| John McBryde |
| Prisoner Pet/Habeas Corpus: General |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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This docket was last retrieved on April 9, 2021. A more recent docket listing may be available from PACER.
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| Filing 23 Index/Letter to Judge/Brief filed by James Franklin Boyle. (wrb) |
| Filing 22 MOTION For Dismissal of State Court Verdicts and Change of Verdicts to Acquittal filed by James Franklin Boyle (wrb) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:21. Thu Apr 16 08:34:27 CDT 2020 (crt) |
Filing 21
ORDER denying #16 Motion to Dismiss; denying #17 Motion to Reverse Judgment and Render an Acquital; denying #18 Motion for Protective Order; denying #19 Motion to Vacate Trial Court Judgement; granting #20 Motion to Amend the List of Ground, to the extent his additional claim of ineffective assistance of counsel on page 2 of the document will be considered by the court. No further amendments will be permitted; denying #20 Motion to Strick Victom [sic] and Outcry Witness Testamoney [sic] from Record; Motion to Suppress Evidence; and Motion to Suppression of Identification. Petitioner is warned against filing repetitive and/or frivolous motions. If he persists in doing so, sanctions may be imposed and/or he may be prohibited from filing any future motions in this action. (Ordered by Senior Judge John McBryde on 4/15/2020) (tln)
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| Filing 20 MOTION to Amend the list of grounds for ineffective assistance of counsel filed by James Franklin Boyle (npk) |
| Filing 19 MOTION to Vacate Trial Court Judgment filed by James Franklin Boyle (npk) |
| Filing 18 MOTION for Protective Order filed by James Franklin Boyle. (bdb) |
| Filing 17 MOTION to Reverse Judgment and Render an Acquittal filed by James Franklin Boyle. (bdb) |
| Filing 16 MOTION to Dismiss filed by James Franklin Boyle. (bdb) |
| Filing 15 Supporting documentation to #1 Petition for Writ of Habeas Corpus, by Petitioner James Franklin Boyle. (tln) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Tue Mar 24 13:19:31 CDT 2020 (crt) |
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Filing 14
ORDER: Petitioner has filed two pro se motions, which include "motions to change verdict" and a motion to dismiss his state-court convictions. (Mots., docs. #12 & #13 .) It is ORDERED that the "motions to change verdict" be, and are hereby, denied. (Mot., doc. #12 .) In the motion to dismiss his convictions he raises additional claims of ineffective assistance of counsel and requests that the claims be "joined with the other error in this cause under ineffective assistance of counsel on the trial counsel." (Mot. 2-4, doc. #13 .) It is ORDERED that the motion be, and is hereby, granted. The claims will be considered by the court. (Ordered by Senior Judge John McBryde on 3/23/2020) (tln)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Mon Mar 23 12:34:01 CDT 2020 (crt) |
| Filing 13 PRO SE MOTIONS (Motion to Dismiss) filed by James Franklin Boyle. (tln) |
| Filing 12 PRO SE MOTIONS filed by James Franklin Boyle. (tln) |
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Filing 11
Partial Suspension of Standing Order of 1/15/19 - The directive in paragraph 1 requiring that no document be filed by electronic means, and the directive in paragraph 2 requiring that paper copies of electronically filed documents be delivered to the clerk for filing, are suspended until 5/1/2020. (Ordered by Senior Judge John McBryde on 3/19/2020) (Order has been served on registered users of the ECF system)(lrl)
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Filing 10
ORDER denying #9 Motion to Joint All Errors in the Consolidated Trial of Cause Number 15782; 15783; 15795; and 15882. (Ordered by Senior Judge John McBryde on 3/18/2020) (tln)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Wed Mar 18 13:47:42 CDT 2020 (crt) |
| Filing 9 MOTION filed by James Franklin Boyle. (tln) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Mon Mar 2 09:33:19 CST 2020 (crt) |
| Petition, supporting documents, if any, and Order(s) received by Office of Attorney General of Texas; Laura L Haney 3/2/2020. (tln) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Mon Mar 2 09:19:01 CST 2020 (crt) |
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Filing 8
ORDER: In conjunction with his four form petitions in this habeas action, petitioner filed what appears to be a cluster of pro se motions, including his motion to proceed in forma pauperis, and additional grounds for relief, which he references in the form petitions. (Mots. & Add. Grounds, doc. #3 ) The motion to proceed in forma pauperis has been granted. It is ORDERED that the pro se "Motion to Joint Error in all Four Consolidated Trial of Causes Number Above" is granted to the extent the petitions, one for each conviction, will be considered jointly as a whole and individually as to each designated conviction. It is further ORDERED that the remainder of the pro se motions be, and are hereby, denied. (Ordered by Senior Judge John McBryde on 2/28/2020) (tln)
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Filing 7
ORDER PERMITTING PROCEEDING IN THE DISTRICT COURT and ORDER, 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. Respondent is directed to file an answer to the petitions within 60 days of the date of this order. Deadline to reply to the answer is 30 days. (Ordered by Senior Judge John McBryde on 2/28/2020) (tln)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4, 5, 6. Fri Feb 28 10:57:53 CST 2020 (crt) |
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Filing 6
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Senior Judge John McBryde on 2/27/2020) (bdb)
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| Filing 5 Notice and Instruction to Pro Se Party. (bdb) |
| Filing 4 New Case Notes: A filing fee has not been paid. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) File to staff attorney PW. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (bdb) |
| Filing 3 MOTION to Proceed as a Veteran filed by James Franklin Boyle. (bdb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by James Franklin Boyle. (bdb) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by James Franklin Boyle. 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. (bdb) |
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