Barker v. Lumpkin
Petitioner: Byron Ray Barker
Respondent: Bobby Lumpkin
Case Number: 4:2021cv03001
Filed: September 10, 2021
Court: US District Court for the Southern District of Texas
Presiding Judge: Sim Lake
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 27, 2021 Opinion or Order Filing 4 MEMORANDUM OPINION AND ORDER, granting #2 MOTION for Leave to File Motion to Stay and Abey. The Motion for Leave filed by Petitioner Byron Ray Barker (Docket Entry No. 2) and Petitioner's Motion to Stay (Docket Entry No. 2-1) are GRANTED. This federal habeas corpus proceeding is STAYED until further notice. Barker shall file a written "Motion to Reinstate" within forty (40) days from the date that the Texas Court of Criminal Appeals decides Barker's pending state habeas corpus application in Writ No. 92,821- 01. Barker must indicate in his Motion to Reinstate whether this application was "dismissed" or whether relief was "denied." Barker shall file a written advisory every ninety (90) days updating this court on the status of his state habeas litigation. The court may reopen this proceeding and dismiss the action pursuant to Fed. R. Civ. P. 4l(b) if the petitioner fails to actively litigate his case with diligence or to promptly seek reinstatement of this federal proceeding within the time allowed. (Signed by Judge Sim Lake) Parties notified.(jdav, 4)
September 15, 2021 Opinion or Order Filing 3 NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (hlerma, 4)
September 15, 2021 Opinion or Order Initial Filing fee: $5 re: #1 Petition for Writ of Habeas Corpus, receipt number HOU104507, filed. (thanniable, 4)
September 10, 2021 Opinion or Order Filing 2 MOTION for Leave to File Motion to Stay and Abey by Byron Ray Barker, filed. Motion Docket Date 10/1/2021. (Attachments: #1 Motion)(hlerma, 4)
September 10, 2021 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Byron Ray Barker.(hlerma, 4)

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Petitioner: Byron Ray Barker
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Respondent: Bobby Lumpkin
Represented By: Edward Larry Marshall
Represented By: Jennifer Louise Wissinger
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