Cole v. Director, TDCJ-CID

Petitioner:	Gary Anthony Cole, Sr
Respondent:	Bobby Lumpkin and Director, TDCJ-CID
Case Number:	4:2021cv01124
Filed:	October 6, 2021
Court:	US District Court for the Northern District of Texas
Presiding Judge:	Mark Pittman
Nature of Suit:	Prisoner Pet/Habeas Corpus: General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

Docket Report

This docket was last retrieved on November 22, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
November 22, 2021	APPEARANCE FORM FILED at USCA5 by Attorney Stephanie Wawrzynski for Appellee Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in 21-11120. Access to the EROA has been created. (tle)
November 19, 2021	USCA Case Number 21-11120 in U.S. Court of Appeals 5th Circuit for #29 Notice of Appeal, filed by Gary Anthony Cole, Sr. (tle)
November 19, 2021	Filing 30 Transcript Order Form: re #29 Notice of Appeal, transcript not requested. Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. [Hearings checked on T.O.Form held in State Court No. 1572711-D not NDTX case] (tle)
November 18, 2021	Record on Appeal for USCA5 21-11120 (related to #29 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, #20 Electronic state court record(s), Sealed or ex parte electronic document number(s): 12,24 (circuit approval is required for access),. 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. 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. (tle)
November 18, 2021	***Clerk's Notice of delivery: (see NEF for details) Docket No:. Mailed paginated copy of EROA public docket sheet. Thu Nov 18 15:54:20 CST 2021 (crt)
November 1, 2021	Filing 29 NOTICE OF APPEAL as to #28 Judgment, to the Fifth Circuit by Gary Anthony Cole, Sr. 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. (tle)
November 1, 2021	***Clerk's Notice of delivery: (see NEF for details) Docket No:29. NOA , Transcript Order Form , Motion to Proceed IFP on Appeal Mon Nov 1 15:11:59 CDT 2021 (crt)
October 20, 2021	Filing 28 FINAL JUDGMENT: In accordance with its opinion and order signed this day, the petition of Gary Anthony Cole Sr. pursuant to 28 U.S.C. 2254 in the above-captioned action is DISMISSED in part and DENIED in part. (Ordered by Judge Mark Pittman on 10/20/2021) (pef)
October 20, 2021	Filing 27 OPINION AND ORDER: Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 is DISMISSED in part and DENIED in part. All other relief is DENIED. A certificate of appealability is also DENIED. (Ordered by Judge Mark Pittman on 10/20/2021) (pef)
October 20, 2021	***Clerk's Notice of delivery: (see NEF for details) Docket No:27, 28. Wed Oct 20 15:30:59 CDT 2021 (crt)
October 7, 2021	***Clerk's Notice of delivery: (see NEF for details) Docket No:25, 26. NEF of 24 mailed. Thu Oct 7 08:35:42 CDT 2021 (crt)
October 6, 2021	Filing 26 Notice and Instruction to Pro Se Party. (pef)
October 6, 2021	Filing 25 New Case Notes: A filing fee has been paid. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) 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. (pef)
October 6, 2021	Filing 24 Case electronically transferred in from District of Texas Southern; Case Number 4:20-cv-04397. 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.
October 6, 2021	Interdistrict transfer to USDC ND/TX- Forth Worth. Case transferred electronically. Case terminated on 10/6/2021, filed. (gclair, 4) [Transferred from Texas Southern on 10/6/2021.]
October 5, 2021	Filing 23 ORDER TO TRANSFER CASE to USDC ND/TX- Fort Worth. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4) [Transferred from Texas Southern on 10/6/2021.]
September 15, 2021	Filing 22 RESPONSE to #19 MOTION to Dismiss for Failure to Exhaust State Court Remedies with Brief in Support filed by Gary Anthony Cole, Sr. (ShannonHolden, 4) [Transferred from Texas Southern on 10/6/2021.]
September 15, 2021	Filing 21 DOCKETED IN ERROR RESPONSE to #19 MOTION to Dismiss for Failure to Exhaust State Court Remedies with Brief in Support filed by Gary Anthony Cole, Sr. (ShannonHolden, 4) Modified on 9/24/2021 (ShannonHolden, 4). [Transferred from Texas Southern on 10/6/2021.]
August 23, 2021	Filing 20 STATE COURT RECORDS by Bobby Lumpkin, filed. (Attachments: #1 DA_RR-Vol001, #2 DA_RR-Vol002, #3 DA_RR-Vol003, #4 DA_RR-Vol004, #5 DA_RR-Vol005, #6 DA_RR-Vol006, #7 DA_RR-Vol007, #8 DA_RR-Vol008, #9 SH_WR-62,064-04 ACTION TAKEN WRIT 12-9-2020, #10 SH_WR-62,064-04 ADDRESS CHANGE 01-04-2021, #11 SH_WR-62,064-04 WRIT RECEIVED WRIT 11-16-2020)(Wawrzynski, Stephanie) [Transferred from Texas Southern on 10/6/2021.]
August 23, 2021	Filing 19 MOTION to Dismiss for Failure to Exhaust State Court Remedies with Brief in Support by Bobby Lumpkin, filed. Motion Docket Date 9/13/2021. (Attachments: #1 Proposed Order)(Wawrzynski, Stephanie) [Transferred from Texas Southern on 10/6/2021.]
August 23, 2021	Filing 18 MOTION to Dismiss Bobby Lumpkin as Party Respondent with Brief in Support by Bobby Lumpkin, filed. Motion Docket Date 9/13/2021. (Attachments: #1 Exhibit A, #2 Proposed Order)(Wawrzynski, Stephanie) [Transferred from Texas Southern on 10/6/2021.]
August 23, 2021	Filing 17 MOTION to Dismiss for Lack of Jurisdiction with Brief in Support by Bobby Lumpkin, filed. Motion Docket Date 9/13/2021. (Attachments: #1 Exhibit A, #2 Proposed Order)(Wawrzynski, Stephanie) [Transferred from Texas Southern on 10/6/2021.]
August 11, 2021	Filing 16 MOTION for Preliminary Injunction by Gary Anthony Cole, Sr, filed. Motion Docket Date 9/1/2021. (sguevara, 4) [Transferred from Texas Southern on 10/6/2021.]
May 25, 2021	Filing 15 RESPONSE to #10 Order for Account Statement, filed by Bobby Lumpkin. (Wawrzynski, Stephanie) [Transferred from Texas Southern on 10/6/2021.]
May 25, 2021	Filing 14 ORDER granting #2 Motion for Leave to Proceed in forma pauperis.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(ShoshanaArnow, 4) [Transferred from Texas Southern on 10/6/2021.]
May 25, 2021	Filing 13 ORDER for Service. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(ShoshanaArnow, 4) [Transferred from Texas Southern on 10/6/2021.]
May 24, 2021	Filing 12 Prisoner Trust Fund Account Statement by Gary Anthony Cole, Sr, filed. (JacquelineMata, 4) [Transferred from Texas Southern on 10/6/2021.]
May 19, 2021	Filing 11 NOTICE of Appearance by Stephanie Wawrzynski on behalf of Bobby Lumpkin, filed. (Wawrzynski, Stephanie) [Transferred from Texas Southern on 10/6/2021.]
May 5, 2021	Filing 10 ORDER for Account Statement due by 5/31/2021. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(ShoshanaArnow, 4) [Transferred from Texas Southern on 10/6/2021.]
April 27, 2021	Filing 9 Letter from Gary Anthony Cole, Sr. re: Order for Inmate Trust Fund Account, filed. (dnoriega, 1) [Transferred from Texas Southern on 10/6/2021.]
March 26, 2021	Filing 8 CLERKS NOTICE OF DEFICIENT PLEADING as to Gary Anthony Cole, Sr. Parties notified Notice of Compliance due by 4/26/2021, filed. (bgoolsby, 4) [Transferred from Texas Southern on 10/6/2021.]
March 5, 2021	Filing 7 MOTION/APPLICATION to Proceed In Forma Pauperis by Gary Anthony Cole, Sr, filed. Motion Docket Date 3/26/2021. (JosephWells, 4) [Transferred from Texas Southern on 10/6/2021.]
March 5, 2021	Filing 6 NOTICE of Change of Address by Gary Anthony Cole, Sr, filed. (JosephWells, 4) [Transferred from Texas Southern on 10/6/2021.]
January 5, 2021	Filing 5 Letter from Gary Anthony Cole, Sr., filed. (rguerrero, 4) [Transferred from Texas Southern on 10/6/2021.]
January 5, 2021	Filing 4 CLERKS NOTICE OF DEFICIENT PLEADING as to Gary Anthony Cole, Sr. Parties notified Notice of Compliance due by 2/4/2021, filed. (Attachments: #1 Appendix) (bgoolsby, 4) [Transferred from Texas Southern on 10/6/2021.]
January 4, 2021	Filing 3 NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (gkelner, 4) [Transferred from Texas Southern on 10/6/2021.]
December 29, 2020	Filing 2 MOTION/APPLICATION to Proceed In Forma Pauperis by Gary Anthony Cole, Sr, filed. Motion Docket Date 1/19/2021. (gkelner, 4) [Transferred from Texas Southern on 10/6/2021.]
December 29, 2020	Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Gary Anthony Cole, Sr. (Attachments: #1 Envelope)(gkelner, 4) [Transferred from Texas Southern on 10/6/2021.]

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Petitioner: Gary Anthony Cole, Sr
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Respondent: Bobby Lumpkin
Represented By:	Stephanie Wawrzynski
Represented By:	Edward L Marshall
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Respondent: Director, TDCJ-CID
Represented By:	Stephanie Wawrzynski
Represented By:	Edward L Marshall
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