Nesby v. Lumpkin
Defendant: Bobby Lumpkin
Petitioner: Rodgy Lee Nesby
Respondent: Warden Adam Gonzalez
Case Number: 1:2023cv01101
Filed: September 8, 2023
Court: US District Court for the Western District of Texas
Office: Austin Office
Presiding Judge: Robert Pitman
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 26, 2023 Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re #7 Notice of Appeal. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions #here (klw)
October 18, 2023 Filing 7 NOTICE OF APPEAL by Rodgy Lee Nesby. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a #(Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (klw)
September 15, 2023 Filing 6 FINAL JUDGMENT. A Certificate of Appealability is DENIED. Signed by Judge Robert Pitman. (jv2)
September 15, 2023 Opinion or Order Filing 5 ORDER DISMISSING WITHOUT PREJUDICE re #1 Petition for Writ of Habeas Corpus filed by Rodgy Lee Nesby for lack of jurisdiction. Signed by Judge Robert Pitman. (jv2)
September 15, 2023 Opinion or Order Text Order GRANTING #2 Motion for Leave to Proceed in forma pauperis entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tmj)
September 14, 2023 Case reassigned to Judge Robert Pitman. (jv2)
September 14, 2023 Filing 4 Case Opening Letter to Rodgy Lee Nesby. (cr5)
September 8, 2023 Opinion or Order Filing 3 STANDING ORDER (dated 05/11/2023) REFERRING CASE to Magistrate Judge Dustin M. Howell. Signed by Judge Robert Pitman. Referral Magistrate Judge: Dustin M. Howell. (cr5)
September 8, 2023 Filing 2 MOTION to Proceed in forma pauperis by Rodgy Lee Nesby. (cr5)
September 8, 2023 Filing 1 Petition for Writ of Habeas Corpus (IFP PENDING), filed by Rodgy Lee Nesby. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Envelope)(cr5)
September 8, 2023 Case assigned to Judge Docket II - Austin. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cr5)
September 8, 2023 If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Howell. (cr5)

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Petitioner: Rodgy Lee Nesby
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Defendant: Bobby Lumpkin
Represented By: Edward L. Marshall
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Respondent: Warden Adam Gonzalez
Represented By: Edward L. Marshall
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