Kendall v. Garza et al
Petitioner: Tracy Lee Kendall
Respondent: Senior Warden Kimberly L. Garza, Assistant Warden R. Almanza and Director, TDCJ Bobby Lumpkin
Case Number: 4:2021cv00081
Filed: November 2, 2021
Court: US District Court for the Western District of Texas
Presiding Judge: David Counts
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 November 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 17, 2021 Case transferred to Eastern District of Texas, Beaumont Division. (ab1)
November 16, 2021 Opinion or Order Filing 9 Final Order of Transfer, Petitioners Application for Writ of Habeas Corpus by a Person in State Custody filed pursuant to 28 U.S.C. 2254, the Court finds that it is in the interest of justice to TRANSFER Petitioners HabeasApplication to the United States District Court for the Eastern District of Texas, Beaumont Division. The Court also acts to RESCIND other orders entered thus far in this case as it was without jurisdiction to deny counsel or issue service on Respondent. Signed by Judge David Counts. (ab1)
November 16, 2021 Opinion or Order Filing 8 ORDER SUA SPONTE Transferring Cause to The United States District Court for the Eastern District of Texas, Beaumont Division. Accordingly, it is hereby ORDERED that Petitioners Application for Writ of Habeas Corpus by a Person in State Custody filed pursuant to 28 U.S.C. 2254 is TRANSFERRED to theUnited States District Court for the Eastern District of Texas, Beaumont Division. The Court also facts to rescind other orders entered thus far in this case as it was without jurisdiction to deny counselor issue service on Respondent. Signed by Judge David Counts. (ab1)
November 11, 2021 Opinion or Order Filing 6 ORDER Directing Respondent to file an Answer re #1 Petition for Writ of Habeas Corpus, filed by Tracy Lee Kendall. In accordance with Rules 4 and 5 of the Rules Governing 2254 Cases, the Clerk shall serve Respondent with a copy of Petitioners 28 U.S.C. 2254 Habeas Corpus Application withMemorandum in Support [docket number 1], and direct Respondent to file an answer or other responsive pleading. Signed by Judge David Counts. (ab1)
November 10, 2021 CASE NO LONGER REFERRED to Magistrate Judge David B. Fannin. (ab1)
November 4, 2021 Case transferred in from Midland Division on 11/04/2021. Case Number 7:21-cv-205. Case assigned to Judge David Counts, filed by Tracy Lee Kendall.(ab1)
November 4, 2021 Opinion or Order Filing 5 FINAL ORDER OF TRANSFER re #4 Order transferring this cause to the United States District Court for the Western District of Texas, Pecos Division. Signed by Judge David Counts. (sg)
November 4, 2021 Opinion or Order Filing 4 ORDER TRANSFERRING CAUSE TO THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS, PECOS DIVISION. Signed by Judge David Counts. (sg)
November 3, 2021 Filing 3 Case Opening Letter by Tracy Lee Kendall. (kg)
November 2, 2021 Filing 2 MOTION to Appoint Counsel by Tracy Lee Kendall. (kg)
November 2, 2021 Filing 1 Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 700017307), filed by Tracy Lee Kendall.(kg) (Additional attachment(s) added on 11/3/2021: #1 Attachment A, #2 Attachment B, #3 Memo in Support, #1 Exhibit, #2 Exhibit, #3 Exhibit) (kg). (Main Document 1 replaced on 11/3/2021) (kg). Modified on 11/3/2021 (kg).

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Petitioner: Tracy Lee Kendall
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Respondent: Senior Warden Kimberly L. Garza
Represented By: Edward L. Marshall
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Respondent: Assistant Warden R. Almanza
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Respondent: Director, TDCJ Bobby Lumpkin
Represented By: Edward L. Marshall
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