Lomax v. Thaler
Petitioner: Mark Wayne Lomax
Respondent: Rick Thaler
Case Number: 4:2009cv00705
Filed: March 9, 2009
Court: US District Court for the Southern District of Texas
Office: Habeas Corpus (General) Office
County: Bee
Presiding Judge: Lee H Rosenthal
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
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Docket Report

This docket was last retrieved on October 18, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 18, 2011 Filing 38 The petition for a writ of certiorari filed with the Supreme Court has been denied (USCA No. 10-20628) (USSC No. 11-5065), filed.(bdaniel, )
February 22, 2011 Filing 37 Record on Appeal Returned from the US Court of Appeals for the Fifth Circuit re: #27 Notice of Appeal ; consisting of (4) Boxes-7 Expandable Folders (USCA No. 10-20628), filed.(kgilyard, )
February 22, 2011 Opinion or Order Filing 36 Order of USCA re: #27 Notice of Appeal ; USCA No. 10-20628. COA is Denied, filed.(kgilyard, )
December 3, 2010 Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #27 Notice of Appeal USCA No. 10-20628, filed.(esmith, )
November 19, 2010 Filing 35 Transmittal Letter on Appeal Certified re: #27 Notice of Appeal. A paper copy of the electronic record is being transmitted to the Fifth Circuit Court of Appeals in 2 volumes along w/ Original State Records. (USCA No. 10-20628), filed.(blacy, )
October 25, 2010 Filing 34 Letter from Mark Wayne Lomax re: Requesting copy of order on Application to Proceed In Forma Pauperis, filed. (kguidry, ) (copy of order sent by regular mail)
October 25, 2010 Opinion or Order Filing 33 ORDER granting #30 Motion to proceed in forma pauperis on appeal.(Signed by Judge Lee H Rosenthal) Parties notified.(jegonzalez, )
October 14, 2010 Filing 32 Letter from Mark Wayne Lomax re: In Forma Pauperis Filing, filed. (Docket sheet sent by regular mail) (kguidry, )
September 30, 2010 *** Pending Motion email sent to CM/Staff Attorney re #30 Motion for IFP, filed. (hler, )
September 27, 2010 Filing 31 Notice of Assignment of USCA No. 10-20628 re: #27 Notice of Appeal, filed.(rosaldana)
September 27, 2010 Filing 30 MOTION/APPLICATION to Proceed In Forma Pauperis by Mark Wayne Lomax, filed. Motion Docket Date 10/18/2010. (kguidry, )
September 20, 2010 Filing 29 Copy of Notice to Appeal filed by Mark Wayne Lomax, filed. See #27 Notice of Appeal (Attachments: #1 Copy of Letter to 5th Circuit, #2 Cover Letter, #3 Envelope)(aalonzo, )
September 15, 2010 Filing 28 Notice of the Filing of an Appeal. DKT13 transcript order form was not mailed to appellant (0 copies). Fee status: Not Paid. The following Notice of Appeal and related motions are pending in the District Court: #27 Notice of Appeal, filed. (Attachments: #1 NOA, #2 Final Judgment, #3 Memorandum and Order Part 1, #4 Docket Sheet, #5 IFP Form)(pyebernetsky, ) (Additional attachment(s) added on 9/15/2010: #6 Memorandum and Order Part 2, #7 Memorandum and Order Part 3) (pyebernetsky, ).
September 10, 2010 Filing 27 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #26 Final Judgment, #25 Memorandum and Order,, by Mark Wayne Lomax (Filing fee $ 455), filed.(dcartmill)
August 25, 2010 Filing 26 FINAL JUDGMENT. Case terminated on 8/25/10.(Signed by Judge Lee H Rosenthal) Parties notified.(esmith, )
August 25, 2010 Opinion or Order Filing 25 MEMORANDUM AND ORDER denying #23 MOTION for Leave to File to Conduct a Evidentiary Hearing and Request for Desposition, #21 MOTION to Amend #5 Petition for Writ of Habeas Corpus MOTION to Amend #5 Petition for Writ of Habeas Corpus MOTION to Amend #5 Petition for Writ of Habeas Corpus MOTION to Supplement Petition, #11 MOTION for Summary Judgment with Brief in Support, #24 MOTION for Continuance of Summary Judgment. A certificate of appealability will not issue(Signed by Judge Lee H Rosenthal) Parties notified.(esmith, ).
July 9, 2010 Filing 24 MOTION for Continuance of Summary Judgment by Mark Wayne Lomax, filed. Motion Docket Date 7/30/2010. (emathis, )
July 9, 2010 Filing 23 MOTION/REQUEST for Leave to File to Conduct a Evidentiary Hearing and Request for Desposition by Mark Wayne Lomax, filed. Motion Docket Date 7/30/2010. (emathis, )
March 22, 2010 Filing 22 Letter from Mark Lomax re: status of appeal, filed. (copy of docket sheet sent via mail) (mewilliams, )
January 28, 2010 Filing 21 MOTION to Amend #5 Petition for Writ of Habeas Corpus, MOTION to Supplement Petition( Motion Docket Date 2/18/2010.) by Mark Wayne Lomax, filed. (Attachments: #1 Proposed Order)(sguevara, ) (Additional attachment(s) added on 1/28/2010: #2 amended/supplemented petition) (sguevara, ). (Additional attachment(s) added on 1/28/2010: #3 amended memorandum in support, #4 notice of certified question(s)) (sguevara, ). (Additional attachment(s) added on 1/29/2010: #5 attachment) (sguevara, ).
January 4, 2010 Opinion or Order Filing 20 ORDER denying #17 Motion for Leave to File( Motion Filing due by 2/8/2010); granting #18 Motion for Extension of Time.(Signed by Judge Lee H Rosenthal) Parties notified.(dgould)
December 24, 2009 Filing 19 RESPONSE to #11 MOTION for Summary Judgment with Brief in Support, filed by Mark Wayne Lomax. (lfilmore, )
December 18, 2009 Filing 18 MOTION for Extension of Time to file response by Mark Wayne Lomax, filed. Motion Docket Date 1/8/2010. (Attachments: #1 Proposed Order)(ypippin, )
October 28, 2009 Filing 17 MOTION for Leave to File Amended Petition by Mark Wayne Lomax, filed. Motion Docket Date 11/17/2009. (Attachments: #1 Proposed Order)(pjameson, )
October 28, 2009 Opinion or Order Filing 16 ORDER granting #14 Motion for Emergency Extension of Time; granting #15 Motion for Extension of Time. Response due by 12/18/2009..(Signed by Judge Lee H Rosenthal) Parties notified.(dgould)
October 21, 2009 Filing 15 MOTION for Extension of Time for filing his reply to the respondent's reply by Mark Wayne Lomax, filed. Motion Docket Date 10/21/2009. (hler, ) (Additional attachment(s) added on 10/23/2009: #1 Proposed Order) (hler, ).
October 19, 2009 Filing 14 EMERGENCY MOTION for Extension of Time to Respond to Respondent's Answer ( Motion Docket Date 11/9/2009.) by Mark Wayne Lomax, filed. (ltien, )
September 16, 2009 Filing 11 MOTION for Summary Judgment with Brief in Support by Nathaniel Quarterman, filed. Motion Docket Date 10/6/2009. (Attachments: #1 Proposed Order)(Palmer, Charles)
September 14, 2009 Filing 13 NOTICE Of Certified Questions by Mark Wayne Lomax, filed. (Attachments: #1 Envelope)(lfilmore, )
September 14, 2009 Filing 12 Request for Leave Of The Court To Conduct Discovery by Mark Wayne Lomax, filed. (Attachments: #1 Envelope)(lfilmore, )
July 17, 2009 Filing 10 STATE COURT RECORDS (7 volumes) by Nathaniel Quarterman, filed.(ypippin, )
April 29, 2009 Filing 9 Certified Mail Receipt Returned as to Assistant Attorney General, Attn: Ed Marshall, executed on 4/27/2009 re: Document(s) Sent, Document(s) Sent, filed. (pjameson, )
April 27, 2009 Filing 8 Certified Mail Receipt Returned as to Nathaniel Quarterman, executed on 4/24/2009 re: Document(s) Sent, Document(s) Sent, filed. (pjameson, )
April 22, 2009 Document(s) Sent by certified mail to Nathaniel Quarterman (70083230000244780257) and Ed Marshall (70083230000244780240) re: #7 Order to Answer, #6 Memorandum, #5 Petition for Writ of Habeas Corpus, #2 Memorandum, #1 Petition for Writ of Habeas Corpus, filed. (sbyrum, )
April 17, 2009 Opinion or Order Filing 7 ORDER TO ANSWER. Answer due for Nathaniel Quarterman 9/21/2009.(Signed by Judge Lee H Rosenthal) Parties notified.(sbyrum, )
April 13, 2009 Filing fee re: #1 Petition for Writ of Habeas Corpus : $5.00, receipt number 600662, filed. (agould, )
March 30, 2009 Filing 6 Amended MEMORANDUM of Law In Support of Petition for Writ of Habeas Corpus re: #5 Petition for Writ of Habeas Corpus by Mark Wayne Lomax, filed.(kstrouse, )
March 30, 2009 Filing 5 Amended PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Mark Wayne Lomax.(kstrouse, )
March 11, 2009 Filing 4 NOTICE OF DEFICIENT PLEADING. An application to proceed in forma pauperis or a fee of $5.00 Parties notified. Notice of Compliance due by 4/10/2009, filed. (mmapps, )
March 10, 2009 Filing 3 NOTICE to Pro Se Litigant. Party notified, filed. (pjameson, )
March 9, 2009 Filing 2 MEMORANDUM in Support re: #1 Petition for Writ of Habeas Corpus by Mark Wayne Lomax, filed.(pjameson, ) (Additional attachment(s) added on 3/10/2009: #1 Exhibit 1) (pjameson, ).
March 9, 2009 Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Mark Wayne Lomax.(pjameson, )

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Petitioner: Mark Wayne Lomax
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Respondent: Rick Thaler
Represented By: Charles Albert Palmer
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