Burns v. Polk et al
| James Edward Burns |
| Michael N. Bates, Balden B Polk, Ralston D Marshall, Michael Britt, Cody Schur and Bobby Lumpkin, Director, TDCJ |
| 4:2021cv00602 |
| April 28, 2021 |
| US District Court for the Northern District of Texas |
| Mark Pittman |
| 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 August 20, 2021. A more recent docket listing may be available from PACER.
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Filing 20
FINAL JUDGMENT: In accordance with the Court's opinion and order signed this day, the petition of James Edward Burns pursuant to 28 U.S.C. 2254 in the above-captioned action is DISMISSED as time barred. Re: #16 Administrative Record. (Ordered by Judge Mark Pittman on 8/20/2021) (pef)
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Filing 19
OPINION AND ORDER: Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 is DISMISSED as time barred. Further, pursuant to 28 U.S.C. 2253(c), for the reasons discussed, a certificate of appealability is DENIED. (Ordered by Judge Mark Pittman on 8/20/2021) (pef)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:19, 20. Fri Aug 20 11:35:02 CDT 2021 (crt)
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Filing 18
REPLY with Security Interest of Collateral filed by James Edward Burns re: #1 Petition for Writ of Habeas Corpus. (pef)
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Filing 17
RESPONSE to #1 Petition for Writ of Habeas Corpus, #10 Petition for Writ of Habeas Corpus,, filed by Bobby Lumpkin, Director, TDCJ. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice., RESPONSE to #1 Petition for Writ of Habeas Corpus, #10 Petition for Writ of Habeas Corpus,, filed by Bobby Lumpkin, Director, TDCJ. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Todd, Patrick)
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Filing 16
Administrative Record consisting of State court papers filed by Bobby Lumpkin, Director, TDCJ. (Attachments: #1 COA Dkt Sheet, #2 COA Memo Op. Iss'd 08.21.14, #3 COA Jdgmt Iss'd 08.21.14, #4 COA Mandate Iss'd 10.15.14, #5 NOA Fld 06.27.14, #6 WR-88,709-01 Act Tkn Writ Denied wo Written Ord. on FoF of TC wo Hrg. 08.22.18, #7 WR-88,709-01 CR Writ Rec'd 07.17.18, #8 WR-88,709-02 Act Tkn Writ Dism. Sub. App. 12.23.20, #9 WR-88,709-02 CR Writ Rec'd 08.17.20) (Todd, Patrick)
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Filing 15
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bobby Lumpkin, Director, TDCJ. (Todd, Patrick)
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Filing 14
NOTICE of Attorney Appearance by Patrick Daniel Todd on behalf of Bobby Lumpkin, Director, TDCJ. (Filer confirms contact info in ECF is current.) (Todd, Patrick)
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Filing 13
Acknowledgment of electronic service received. (wxc)
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Filing 12
Order to Show Cause, 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. Deadline to reply to the answer is 30 days. (Ordered by Judge Mark Pittman on 6/2/2021) (wxc)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Wed Jun 2 09:50:28 CDT 2021 (crt)
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Filing 11
Memorandum of Law Amendment Supplement re #10 filed by James Edward Burns. (mmw)
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Filing 10
PETITION for Writ of Habeas Corpus filed by James Edward Burns. 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. (mmw)
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Filing 9
ORDER CONSTRUING PLEADING AS A PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2254 AND NOTICE OF DEFICIENCY: James Edward Burns must address the following deficiency: A form 2254 petition for habeas-corpus relief has not been filed. 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 Judge Mark Pittman on 4/29/2021) (Attachments: #1 2254) (mmw)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Thu Apr 29 08:59:34 CDT 2021 (crt)
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Filing 8
Notice and Instruction to Pro Se Party (mmw)
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Filing 7
New Case Notes: A filing fee has 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (mmw)
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Filing 6
Case electronically transferred in from District of Texas Eastern; Case Number 5:21-cv-00045. 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. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed.
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***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Wed Apr 28 13:08:03 CDT 2021 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:7, 8. Wed Apr 28 13:02:00 CDT 2021 (crt)
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Interdistrict transfer to the Northern District of Texas- Fort Worth Division. (slo, ) [Transferred from Texas Eastern on 4/28/2021.]
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Filing 4
MEMORANDUM OPINION AND ORDER. It is accordingly ORDERED that this petition for writ of habeas corpus is TRANSFERRED to the Fort Worth Division of the United States District Court for the Northern District of Texas. (Held 20 days before transfer to another district pursuant to Local Rule CV 83) Signed by Magistrate Judge Caroline Craven on 4/7/2021. (slo, ) [Transferred from Texas Eastern on 4/28/2021.]
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Filing 3
Case transferred in from District of District of Columbia; Case Number 1:21-cv-00636. Original file certified copy of transfer order and docket sheet received. [Transferred from Texas Eastern on 4/28/2021.]
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Case transferred to the USDC for the Eastern District of Texas pursuant to the Court Order entered 3/15/2021. Sent to Court via extraction. (ztth) [Transferred from District of Columbia on 4/5/2021.] [Transferred from Texas Eastern on 4/28/2021.]
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STANDING ORDER REFERRING PRISONER HABEAS CASES to Magistrate Judge Caroline Craven for all pretrial matters. Signed by District Judge Robert W. Schroeder, III on 4/5/2021. (slo, ) [Transferred from Texas Eastern on 4/28/2021.]
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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. (slo, ) [Transferred from Texas Eastern on 4/28/2021.]
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Sent Consent to Magistrate, Docket sheet and Prose guidelines, that include information regarding reporting change of address to court, to the Petitioner per Magistrate Judge (slo, ) [Transferred from Texas Eastern on 4/28/2021.]
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Set/Reset Deadlines: Transfer due by 4/5/2021. (zkh) [Transferred from District of Columbia on 4/5/2021.] [Transferred from Texas Eastern on 4/28/2021.]
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Filing 2
ORDER transferring case to the U.S. District Court for the Eastern District of Texas. See Order for details. Signed by Judge Timothy J. Kelly on 3/15/2021. (lctjk1) [Transferred from District of Columbia on 4/5/2021.] [Transferred from Texas Eastern on 4/28/2021.]
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Filing 1
PETITION for Writ of Habeas Corpus filed by JAMES EDWARD BURNS. (Attachment: #1 Civil Cover Sheet) (ztth) [Transferred from District of Columbia on 4/5/2021.] [Transferred from Texas Eastern on 4/28/2021.]
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Filing fee received: $ 5.00, receipt number: 4616105213. (ztth) [Transferred from District of Columbia on 4/5/2021.] [Transferred from Texas Eastern on 4/28/2021.]
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