Baker v. Lumpkin
| Stanley Foster Baker |
| Lorie Davis and Bobby Lumpkin |
| 5:2019cv00240 |
| March 4, 2019 |
| US District Court for the Western District of Texas |
| Elizabeth S Chestney |
| Xavier Rodriguez |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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| Filing 31 Correspondence from Stanley Foster Baker. (bc) |
Filing 30
ORDER DENYING #29 Motion to Alter or Amend. It is further ORDERED that a certificate of appealability is DENIED, as reasonable jurists could not debate the denial of the Petitioners motion on substantive or procedural grounds, nor find that the issues presented are adequate to deserve encouragement to proceed. Signed by Judge Xavier Rodriguez. (bc)
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| Filing 29 PRO SE MOTION to Amend Pursuant to Rule 59(e) by Stanley Foster Baker. (bc) |
| Filing 28 NOTICE OF APPEAL #27 by Stanley Foster Baker. 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. (bc) |
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Filing 27
ORDER DENYING #26 Motion for Relief from Judgment. It is further ORDERED that a certificate of appealability is DENIED, as reasonable jurists could not debate the denial of the Petitioners motion on substantive or procedural grounds, nor find that the issues presented are adequate to deserve encouragement to proceed. Signed by Judge Xavier Rodriguez. (bc)
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| Filing 26 PRO SE MOTION For Relief From Judgment Pursuant to Fed. R. Civ. P. 60(b). by Stanley Foster Baker. (bc) |
| Certification of the Electronic Record on Appeal in USCA #20-50019 has been accepted by the 5th Circuit. re #23 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 (dtg) |
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Filing 25
ORDER DISMISSED AS MOOT #24 Motion to proceed In Forma Pauperis on Appeal. Signed by Judge Xavier Rodriguez. (bc)
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| Filing 24 MOTION to proceed In Forma Pauperis on appeal by Stanley Foster Baker. (Attachments: #1 inmate trust statement)(rg) |
| Filing 23 NOTICE OF APPEAL by Stanley Foster Baker. 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 #Form DKT-13 (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. (Attachments: #1 copy of mailing envelope)(rg) |
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Filing 22
ORDER GRANTING #21 Motion for Extension of Time to Extend Deadline for Filing a Notice of Appeal. Petitioner shall file a notice of appeal in this case on or before Friday, December 27, 2019. Signed by Judge Xavier Rodriguez. (bc)
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| Filing 21 PRO SE MOTION for Extension of Time by Stanley Foster Baker. (bc) |
| 1 Box-State Court Records and 1 CD of State Court Records-Exhibits received (bc) |
| Filing 20 JUDGMENT. Signed by Judge Xavier Rodriguez. (bc) |
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Filing 19
ORDER DISMISSING CASE. Signed by Judge Xavier Rodriguez. (bc)
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| Notice of Correction:***NOTIFIED ALL PARTIES THAT THE ENTRY WAS MODIFIED TO CHANGE THE FILING TYPE FROM LETTER TO PETITIONER'S REPLY*** re #18 Letter/Correspondence. (bc) |
| Filing 18 Petitioner's Reply #13 Motion to Dismiss from Stanley Foster Baker. (bc) Modified on 10/23/2019 to edit text (bc). |
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Filing 17
ORDER, CASE NO LONGER REFERRED to Magistrate Judge Elizabeth S. Chestney. Signed by Judge Elizabeth S. Chestney. (rg)
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Text Order GRANTING #16 Motion for Extension of Time to File Response/Reply entered by Judge Elizabeth S. Chestney. Petitioner shall file his reply on or before Monday, October 14, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg5)
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| Filing 16 MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss for Failure to Exhaust State Court Remedies with Brief in Support by Stanley Foster Baker. Motions referred to Judge Elizabeth S. Chestney. (rg) |
| Filing 15 ADVISORY TO THE COURT by Stanley Foster Baker. (rg) |
| Filing 14 State Court Records Filed. (Attachments: #1 DA01_Electronic Record Cover Sheet, #2 DA02_Docket Sheet, #3 DA03_Appellant's Brief, #4 DA04_State's Brief, #5 DA05_Appellant's Pro se Brief, #6 DA06_COA Memo Opinion, #7 DA07_COA Order Deny Appellants Mtn4En Banc Recon, #8 DA08_PDR No. 0432-18.Pro Se Mtn to Extend to file PDR brief, #9 DA09_PDR No. 0432-18.Original Pro Se PDR Brief, #10 DA10_PDR No. 0432-18.Electronic Record Return2COA.10-9-2018, #11 DA11_PDR No. 0432-18.Pro Se Status Request of PDR.9-26-2018, #12 DA12_PDR No. 0432-18.Pro Se Object to CCA's PDR refusal, #13 DA13_Clerk's Record (CR), #14 DA14_Supplemental Clerk's Record (Supp CR).Findings-Mtn2Supp, #15 DA15_Reporter's Record (RR) - Vol 1 of 11, #16 DA16_RR - Vol 2 of 11, #17 DA17_RR - Vol 3 of 11, #18 DA18_RR - Vol 4 of 11, #19 DA19_RR - Vol 5 of 11, #20 DA20_RR - Vol 6 of 11, #21 DA21_RR - Vol 7 of 11, #22 DA22_RR - Vol 8 of 11, #23 DA23_RR - Vol 9 of 11, #24 DA24_RR - Vol 10 of 11, #25 DA25_RR - Vol 11 - Exhibits_Part1, #26 DA25_RR - Vol 11 - Exhibits_Part2, #27 DA25_RR - Vol 11 - Exhibits_Part3, #28 DA25_RR - Vol 11 - Exhibits_Part4, #29 DA25_RR - Vol 11 - Exhibits_Part5)(Merenda, Gretchen) |
| Filing 13 MOTION to Dismiss for Failure to Exhaust State Court Remedies with Brief in Support by Lorie Davis. (Attachments: #1 Exhibit A (CCA Affidavit), #2 Proposed Order of Dismissal). Motions referred to Judge Elizabeth S. Chestney. (Merenda, Gretchen) |
| Filing 12 Pro Se Response in Opposition to Motion, filed by Stanley Foster Baker, re #11 Second MOTION for Extension of Time to File Answer re #5 Petition for Writ of Habeas Corpus with Brief in Support filed by Respondent Lorie Davis (aej) |
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Text Order GRANTING #11 Motion for Extension of Time to Answer entered by Judge Elizabeth S. Chestney. Respondent shall file an answer or other responsive pleading on or before Friday, August 30, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg5)
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| Set/Reset Deadlines: Lorie Davis answer due 8/30/2019. (aej) |
| Filing 11 Second MOTION for Extension of Time to File Answer re #5 Petition for Writ of Habeas Corpus with Brief in Support by Lorie Davis.. Motions referred to Judge Elizabeth S. Chestney. (Merenda, Gretchen) |
| Filing 10 ADVISORY TO THE COURT by Lorie Davis. (Merenda, Gretchen) |
| Set/Reset Deadlines: Lorie Davis answer due 7/26/2019. (aej) |
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Text Order GRANTING #9 Motion for Extension of Time to Answer entered by Judge Elizabeth S. Chestney. Respondent shall file an answer or other responsive pleading on or before Friday, July 26, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg5)
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| Filing 9 MOTION for Extension of Time to File Answer re #5 Petition for Writ of Habeas Corpus with Brief in Support by Lorie Davis.. Motions referred to Judge Elizabeth S. Chestney. (Merenda, Gretchen) |
| Filing 8 NON-CONSENT to Trial by US Magistrate Judge by Stanley Foster Baker. (aej) |
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Filing 7
ORDER Directing Respondent to Answer Petition. Petition served on 3/12/19 via CM/ECF. Signed by Judge Elizabeth S. Chestney. (aej)
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Text Order GRANTING #6 Motion for Leave to Proceed in forma pauperis entered by Judge Elizabeth S. Chestney. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg5)
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| Filing 6 PRO SE MOTION to Proceed in forma pauperis by Stanley Foster Baker. Motions referred to Judge Elizabeth S. Chestney. (aej) |
| Filing 5 Amended Petition for Writ of Habeas Corpus filed by Stanley Foster Baker.(aej) |
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Filing 4
ORDER GRANTING #3 Motion for Extension of Time to Amend. Signed by Judge Elizabeth S. Chestney. (aej)
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| Filing 3 PRO SE MOTION for Extension of Time to Amend #1 Petition for Writ of Habeas Corpus by Stanley Foster Baker. Motions referred to Judge Elizabeth S. Chestney. (aej) |
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Filing 2
ORDER - the Clerk of the Court shall forward to Petitioner thecorrect forms for filing an application for habeas corpus relief pursuant to 28 U.S.C. 2254; It is further ORDERED that the Clerk shall forward to Petitioner an application to proceed IFP. Petitioner is warned that a failure to take the above actions within the specified time may result in the dismissal of his application for habeas corpus relief for failure to prosecuteand failure to comply with the Orders of this Court. Signed by Judge Elizabeth S. Chestney. (2254 and IFP Applications mailed to Petitioner along with this order)(rg)
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| Filing 1 Petition for Writ of Habeas Corpus, filed by Stanley Foster Baker. (Attachments: #1 Civil Cover Sheet, #2 Copy of Envelope)(fs) |
| CASE REFERRED to Magistrate Judge Elizabeth S. Chestney. (fs) |
| THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE XAVIER RODRIGUEZ. (fs) |
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