Buntion v. Lumpkin
| Carl Wayne Buntion |
| Bobby Lumpkin |
| 4:2022cv01104 |
| April 6, 2022 |
| US District Court for the Southern District of Texas |
| Kenneth M Hoyt |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus(Death Penalty) |
| None |
Docket Report
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Filing 15
Order of USCA - PER CURIAM re: #10 Notice of Appeal ; USCA No. 22-70003. The district court's denial of a stay of execution is AFFIRMED. The district court's dismissal of Buntion's 1983 claim is AFFIRMED. Buntion's motion for stay of execution is DENIED. Buntion's application for a COA is DENIED. All other motions, and all other requests for relief, are DENIED., filed.(DorinaReyna, 1)
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Filing 14
Order of USCA - JUDGMENT; Judgment issued as mandate 4/20/2022 re: #10 Notice of Appeal ; USCA No. 22-70003. judgment of the district court is AFFIRMED, filed.(DorinaReyna, 1)
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| Filing 13 DKT13 TRANSCRIPT ORDER REQUEST by Buntion/Newberry. No hearings This order form relates to the following: #10 Notice of Appeal, filed. (Newberry, Jeffrey) |
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Filing 12
ORDER denying #7 Buntion's Motion to Stay Execution.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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| Filing 11 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #10 Notice of Appeal. Fee status: IFP, filed. (Attachments: #1 Notice of Appeal) (EdnitaPonce, 1) |
| Appeal Review Notes re: #10 Notice of Appeal. Fee status: IFP. The appeal filing fee has been paid or an ifp motion has been granted. No hearings were held in the case - no transcripts. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(EdnitaPonce, 1) |
| Electronic Access to Record on Appeal Provided re: #10 Notice of Appeal to Attorneys: Dow, David R. and Newberry, Jeffrey R. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 22-70003), filed.(EdnitaPonce, 1) |
| Electronic Access to Record on Appeal Provided re: #10 Notice of Appeal to Attorney Cara Hanna. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 22-70003), filed.(EdnitaPonce, 1) |
| Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #10 Notice of Appeal USCA No. 22-70003, filed.(EdnitaPonce, 1) |
| Filing 10 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Carl Wayne Buntion, filed. (Newberry, Jeffrey) |
| Filing 9 FINAL JUDGMENT. Case terminated on 4/14/2022(Signed by Judge Kenneth M Hoyt) Parties notified.(hcarr, 4) |
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Filing 8
ORDER OF DISMISSAL without prejudice. Granting #2 MOTION/APPLICATION to Proceed In Forma Pauperis, Granting #5 MOTION to Dismiss For Lack of Jurisdiction as a Successive Petition with Brief in Support. No issue will be certified for consideration by the circuit court. (Signed by Judge Kenneth M Hoyt) Parties notified.(hcarr, 4)
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| Filing 7 MOTION to Stay Execution by Carl Wayne Buntion, filed. Motion Docket Date 5/5/2022. (Attachments: #1 Exhibit March 30, 2022 order of Texas Court of Criminal Appeals)(Newberry, Jeffrey) |
| Filing 6 RESPONSE in Opposition to #5 MOTION to Dismiss For Lack of Jurisdiction as a Successive Petition with Brief in Support, filed by Carl Wayne Buntion. (Newberry, Jeffrey) |
| Filing 5 MOTION to Dismiss For Lack of Jurisdiction as a Successive Petition with Brief in Support by Bobby Lumpkin, filed. Motion Docket Date 5/2/2022. (Attachments: #1 Proposed Order)(Hanna, Cara) |
| Filing 4 NOTICE of Appearance by Cara Hanna on behalf of Bobby Lumpkin, filed. (Hanna, Cara) |
| Filing 3 NOTICE of Appearance by Jeffrey R. Newberry on behalf of Carl Wayne Buntion, filed. (Newberry, Jeffrey) |
| Filing 2 MOTION/APPLICATION to Proceed In Forma Pauperis by Carl Wayne Buntion, filed. Motion Docket Date 4/27/2022. (Attachments: #1 Proposed Order)(Dow, David) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Carl Wayne Buntion. (Attachments: #1 Exhibit Buntion's disciplinary records, #2 Exhibit Excerpt of Buntion's medical records)(Dow, David) |
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| Petitioner: Carl Wayne Buntion | |
| Represented By: | Jeffrey R. Newberry |
| Represented By: | David R Dow |
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| Respondent: Bobby Lumpkin | |
| Represented By: | Cara Blossom Hanna |
| Represented By: | Edward Larry Marshall |
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