Kopatz v. Director TDCJ-CID
Plaintiff: Brian Kopatz
Defendant: Director TDCJ-CID
Case Number: 2:2018cv00232
Filed: August 9, 2018
Court: US District Court for the Southern District of Texas
Office: Corpus Christi Office
County: XX US, Outside State
Presiding Judge: B Janice Ellington
Referring Judge: Hilda G Tagle
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254
Jury Demanded By: None
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Docket Report

This docket was last retrieved on June 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 2, 2018 Filing 67 MOTION for Discovery and Evidentiary Hearing and Answer to Respondent's Brief by Brian Kopatz, filed. Motions referred to B Janice Ellington. Motion Docket Date 10/23/2018. (amartinez, 2)
October 1, 2018 Filing 68 MOTION to Court to Show Cause for an Preliminary InjunctionMotions referred to B Janice Ellington. by Brian Kopatz, filed. Motion Docket Date 10/22/2018. (srussell, 2)
September 28, 2018 Filing 66 MOTION for Bench Warrant or Remand me to County Jail Motions referred to B Janice Ellington. by Brian Kopatz, filed. Motion Docket Date 10/19/2018. (jmarks, 2)
September 26, 2018 Filing 65 Motion by Brian Kopatz, filed. Motions referred to B Janice Ellington. Motion Docket Date 10/17/2018. (Attachments: #1 attachment, #2 Envelope)(amartinez, 2)
September 21, 2018 Opinion or Order Filing 64 ORDER granting #60 Motion to Substitute Attorney Attorney Rachel Leigh Patton terminated.(Signed by Magistrate Judge B Janice Ellington) Parties notified.(jmarks, 2)
September 17, 2018 Filing 63 MOTION by Brian Kopatz, filed. Motions referred to B Janice Ellington. Motion Docket Date 10/9/2018. (amartinez, 2)
September 13, 2018 Filing 61 ADVISORY by Director TDCJ-CID, filed.(Tadema, Nathan)
September 13, 2018 Filing 60 MOTION to Substitute Attorney Nathan Tadema in place of Rachel PattonMotions referred to B Janice Ellington. by Director TDCJ-CID, filed. Motion Docket Date 10/4/2018. (Attachments: #1 Proposed Order)(Tadema, Nathan)
September 12, 2018 Opinion or Order Filing 62 OPINION AND ORDER denying #58 Motion for Appointment of Counsel.(Signed by Magistrate Judge B Janice Ellington) Parties notified.(sylopez, 2)
September 12, 2018 Opinion or Order Filing 59 NOTICE TO PARTIES AND ORDER TO PROVIDE COPY OF MOTION TO PETITIONER. (Signed by Magistrate Judge B Janice Ellington) Parties notified.(mserpa, 2)
August 27, 2018 Filing 58 MOTION for Appointment of Counsel and Investigative ResourcesMotions referred to B Janice Ellington. by Brian Kopatz, filed. Motion Docket Date 9/17/2018. (Attachments: #1 Envelope)(amartinez, 2)
August 27, 2018 Filing 57 MEMORANDUM in Support by Brian Kopatz, filed. (Attachments: #1 Envelope)(amartinez, 2)
August 27, 2018 Filing 56 CONSENT to Proceed Before a Magistrate Judge by Brian Kopatz, filed. (Attachments: #1 Envelope)(amartinez, 2)
August 9, 2018 Filing 55 NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (srussell, 2)
August 9, 2018 Filing 54 Case transferred in from Texas Eastern. Case Number 5:18-cv-00087; Received Electronically
August 8, 2018 Interdistrict transfer to the Southern District of Texas Corpus Christi Division. (slo, )
August 3, 2018 Filing 53 RESPONSE to #52 Order To Transfer filed by Brian Kopatz. (Attachments: #1 Envelope(s))(slo, )
July 26, 2018 Opinion or Order Filing 52 ORDER OF TRANSFER. It is ORDERED that the Clerk will TRANSFER this action to the Clerk of the Corpus Christi Division of the United States District Court for the Southern District of Texas. (Held for 20 days pursuant to Local Rule 83.). Signed by Magistrate Judge Caroline Craven on 7/26/2018. (slo, )
July 26, 2018 Filing 51 MEMORANDUM OPINION REGARDING TRANSFER. The court has considered the circumstances and has determined the interests of justice would best be served if this petition was transferred to the division in which the petitioner was convicted, being the United States District Court for the Southern District of Texas, Corpus Christi Division. Signed by Magistrate Judge Caroline Craven on 7/26/2018. (slo, )
July 23, 2018 Filing 49 MOTION to Appoint Investigator by Brian Kopatz. (Attachments: #1 Cover letter, #2 Envelope(s))(slo, )
July 12, 2018 Case transferred in from Beaumont Division on 07/11/2018 Case Number 1:17-cv-261. Case assigned to Judge Rodney Gilstrap and Magistrate Caroline Craven filed by Brian Kopatz.(slo, )
July 12, 2018 Opinion or Order STANDING ORDER REFERRING PRISONER CASES to Magistrate Judge Caroline Craven for all pretrial matters. Signed by District Judge Rodney Gilstrap on 7/12/2018. (slo, )
July 12, 2018 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, )
July 10, 2018 Opinion or Order Filing 48 ORDER OF TRANSFER. It is ordered that the Clerk of Court shall transfer this action to the Clerk of the USDC E/D TX, Texarkana Division. Signed by Magistrate Judge Zack Hawthorn on 7/10/18. (mrp, )
July 10, 2018 Filing 47 MEMORANDUM OPINION REGARDING TRANSFER. The Court has considered the circumstances underlying the particular facts of this case and has determined that the interests of justice would be served by transferring this petition to the division where petitioner is incarcerated. The petition should be transferred to the Texarkana Division of the Eastern District of Texas for hearing and determination. Signed by Magistrate Judge Zack Hawthorn on 7/10/18. (mrp, )
June 25, 2018 Filing 46 NOTICE to the court to look over cause number 00-cr-04 by Brian Kopatz (bjc)
June 21, 2018 Filing 45 LETTER to the court regarding 2254 sent on 3/15/2018 by Brian Kopatz. (ljw)
June 5, 2018 Filing 44 MOTION for Default Judgment by Brian Kopatz. (bjc) (mailed docket sheet 6/6/2018)
June 5, 2018 Filing 43 MOTION for copies of Doc# 16, 19, 7 and 22 by Brian Kopatz. (bjc)
May 9, 2018 Filing 42 EXHIBITS from court of appeals by Brian Kopatz. (bjc)
May 9, 2018 Filing 41 MOTION for ruling by Brian Kopatz. (bjc)
April 6, 2018 Filing 40 NOTICE of exhibits N by Brian Kopatz (bjc, )
March 22, 2018 Filing 39 EXHIBITS by Brian Kopatz. (bjc)
March 19, 2018 Filing 38 MOTION to Amend #2 Amended Petition by Brian Kopatz. (bjc)
March 7, 2018 Filing 37 RESPONSE in Opposition to #36 Motion to Change Venue filed by Brian Kopatz. (tkd, )
February 26, 2018 Filing 36 MOTION to Change Venue with Brief in Support by Director TDCJ-CID. (Attachments: #1 Text of Proposed Order, #2 Exhibit A)(Patton, Rachel)
February 26, 2018 Filing 35 State Court Records Filed by Director TDCJ-CID . (Attachments: #1 WR-87,997-01 Writ Received Writ 1-23-18, #2 WR-87,997-02 Writ Received Writ 1-25-18, #3 WR-87,997-03 Writ Received Writ 1-25-18, #4 WR-87,997-04 Writ Received Writ 1-25-18)(Patton, Rachel)
February 26, 2018 Filing 34 Respondent Davis's ANSWER to #2 Amended Complaint with Brief in Support by Director TDCJ-CID. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Patton, Rachel)
January 29, 2018 Filing 33 MOTION to Appoint Counsel by Brian Kopatz. (bjc)
January 29, 2018 Filing 32 NOTICE to the court by Brian Kopatz (bjc)
January 24, 2018 Filing 31 MOTION for Extension of Time to File Response/Reply as to #28 Order to Show Cause - Habeas Petition - State, with Brief in Support by Director TDCJ-CID. (Attachments: #1 Text of Proposed Order)(Patton, Rachel)
January 11, 2018 Filing 30 NOTICE of Attorney Appearance by Rachel Leigh Patton on behalf of Director TDCJ-CID (Patton, Rachel)
December 15, 2017 Filing 29 ACKNOWLEDGEMENT OF RECEIPT OF SERVICE by Director TDCJ-CID through the Attorney General for the State of Texas regarding #28 Order to Show Cause - Habeas Petition - State by Laura Haney on 12/15/2017. (bjc)
December 14, 2017 Opinion or Order Filing 28 ORDER TO SHOW CAUSE - HABEAS PETITION - STATE. Respondent to file response to Petition for Writ of Habeas Corpus. Copy of order to Edward Marshall and Laura Haney via electronic noticing including petition and any supporting documents.. Signed by Magistrate Judge Zack Hawthorn on 12/14/2017. (bjc)
December 14, 2017 Opinion or Order Filing 27 ORDER denying #16 Motion to Produce, #18 Motion for court to look at indictments from the 229th Judicial District Court, and #19 Motion for an investigator to be appointed. Signed by Magistrate Judge Zack Hawthorn on 12/14/2017. (bjc)
December 14, 2017 Opinion or Order Filing 26 ORDER denying #14 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Zack Hawthorn on 12/14/2017. (bjc)
December 14, 2017 Opinion or Order Filing 25 ORDER denying #7 and #22 Motion to Appoint Counsel. Signed by Magistrate Judge Zack Hawthorn on 12/14/2017. (bjc)
December 14, 2017 Opinion or Order Filing 24 ORDER denying #4 Motion for a video conference, liberally construed as a motion for evidentiary hearing. Signed by Magistrate Judge Zack Hawthorn on 12/14/2017. (bjc)
September 25, 2017 Filing 23 NOTICE to the court by Brian Kopatz (bjc)
August 21, 2017 Filing 22 MOTION to Appoint Counsel by Brian Kopatz. (bjc)
August 11, 2017 Filing 21 Correspondence by Brian Kopatz. (bjc, )
August 11, 2017 Filing 20 Correspondence received from Brian Kopatz. (bjc, )
August 2, 2017 Filing 19 MOTION for an investigator be appointed by Brian Kopatz. (bjc, )
July 31, 2017 Filing 18 MOTION for court to look at indictments from the 229th Judicial District Court of Duval County TX by Brian Kopatz. (bjc, )
July 31, 2017 Filing 17 Prisoner Trust Fund Account Statement for Brian Kopatz. (bjc, )
July 27, 2017 Filing 16 MOTION for the 229th Judicial District Court of Duval County to produce transcripts of plea bargain agreement by Brian Kopatz. (bjc, )
July 24, 2017 Filing 15 RESPONSE to #3 Order by Brian Kopatz. (bjc, )
July 24, 2017 Filing 14 MOTION for Leave to Proceed in forma pauperis by Brian Kopatz. (bjc, )
July 24, 2017 Opinion or Order Filing 13 ORDER granting #11 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Zack Hawthorn on 7/24/2017. (bjc, )
July 20, 2017 Filing 12 ACKNOWLEDGMENT OF RECEIPT by Brian Kopatz re #8 Order on Motion for Extension of Time to File. (bjc, )
July 17, 2017 Filing 11 MOTION for Leave to Proceed in forma pauperis with data sheet by Brian Kopatz. (bjc, )
July 14, 2017 Filing 10 NOTICE to the court regarding grievance forms by Brian Kopatz (Attachments: #1 Envelope)(bjc, )
July 14, 2017 Filing 9 NOTICE to the court regarding confusion of cases by Brian Kopatz (bjc, )
July 11, 2017 Opinion or Order Case 5:17cv127 is consolidated into Civil Action No. 1:17cv261, (styled Kopatz v. Director of TDCJ). The Clerk of Court is hereby DIRECTED to docket all future filings in 5:17cv127 under Civil Action No. 1:17cv261. (Order was entered in 5:17cv127). Signed by Magistrate Judge Caroline Craven on 7/11/2017. (sm, )
July 10, 2017 Opinion or Order Filing 8 ORDER granting #6 Motion for Extension of Time to File. Petitioner has until 7/31/2017 to provide the Court with a copy of his income trust account statement for the preceding six months.. Signed by Magistrate Judge Zack Hawthorn on 7/10/2017. (bjc, )
July 7, 2017 Filing 7 MOTION to Appoint Counsel by Brian Kopatz. (bjc, )
July 7, 2017 Filing 6 MOTION for Extension of Time to File statement showing balance of inmate trust account for the preceding six months by Brian Kopatz. (bjc, )
July 5, 2017 Filing 5 ACKNOWLEDGMENT OF RECEIPT by Brian Kopatz on 6/30/2017 re #3 Order. (bjc, )
June 26, 2017 Filing 4 MOTION for Video Conference by Brian Kopatz. (tkd, )
June 23, 2017 Opinion or Order Filing 3 ORDERED that Brian Kopatz shall, within 20 days from the date set forth below, submit the filing fee or an application to proceed IFP accompanied by a statement prepared by an authorized TDCJ-CID official showing the average balance and average deposits to petitioner's inmate trust account for the preceding six months. Signed by Magistrate Judge Zack Hawthorn on 6/23/2017. (bjc, )
June 15, 2017 Filing 2 AMENDED COMPLAINT against Director TDCJ-CID filed by Brian Kopatz. (Attachments: #1 Exhibits)(bjc, ) (Original filed in 1:17cv171)
June 15, 2017 Opinion or Order Filing 1 ORDERED that, to the extent plaintiff seeks claims sounding in habeas, his claims are severed from this action and shall proceed as two separate habeas causes of action; one filed pursuant to 28 USC 2254 and one filed pursuant to 28 USC 2241.. Signed by Magistrate Judge Zack Hawthorn on 6/15/2017. (bjc, )(Original filed in 1:17cv171)
June 15, 2017 Opinion or Order ORDER REFERRING CASE to Magistrate Judge Zack Hawthorn (bjc, )

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Plaintiff: Brian Kopatz
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Defendant: Director TDCJ-CID
Represented By: Rachel Leigh Patton
Represented By: Nathan Tadema
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