Ruben Alexander Carrillo v. Lorie Davis, Director, TDCJ-CID
Petitioner: Ruben Carrillo
Respondent: Lorie Davis
Case Number: 5:2019cv01028
Filed: August 26, 2019
Court: US District Court for the Western District of Texas
Presiding Judge: Elizabeth S Chestney
Referring Judge: Orlando L Garcia
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 22, 2019 Remark: Recd. (1 Vol:) of State Court Records Received, placed in the Clerks File Area. (wg)
October 21, 2019 Filing 24 State Court Records Filed. (Attachments: #1 01 WR-76,068-01 writ received, #2 02 WR-76,068-02 ACTION TAKEN WRIT 6-1-2016, #3 03 WR-76,068-02 SUPP-CLERK RECORD 5-16-2016, #4 04 WR-76,068-02 WRIT RECEIVED WRIT 5-16-2016, #5 05 WR-76,068-03 ACTION TAKEN WRIT 6-1-2016, #6 06 WR-76,068-03 WRIT RECEIVED WRIT 5-16-2016)(Todd, Patrick)
October 9, 2019 Opinion or Order Filing 23 ORDER RETURNING CASE BACK TO DISTRICT COURT, CASE NO LONGER REFERRED to Magistrate Judge Elizabeth S. Chestney. Signed by Judge Elizabeth S. Chestney. (wg)
October 7, 2019 Filing 22 NOTICE of Change of Address by Ruben Carrillo (wg)
September 20, 2019 Opinion or Order Filing 21 ORDER GRANTING #18 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Elizabeth S. Chestney. (wg)
September 20, 2019 Opinion or Order Text Order GRANTING #19 Motion for Extension of Time to File Response/Reply entered by Judge Elizabeth S. Chestney. Respondent shall file an answer or other responsive pleading on or before Monday, October 28, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg5)
September 19, 2019 Filing 20 NON-CONSENT to Trial by US Magistrate Judge by Lorie Davis. (wg)
September 19, 2019 Filing 19 RESPONDENT'S MOTION for Extension of Time to File Response/Reply as to #16 Order,, by Lorie Davis.. Motions referred to Judge Elizabeth S. Chestney. (wg)
September 19, 2019 Filing 18 MOTION to Appear Pro Hac Vice by Lorie Davis.. Motions referred to Judge Elizabeth S. Chestney. (wg)
August 27, 2019 Filing 17 Case Opening Letter to Ruben Carrillo. (rg)
August 27, 2019 Opinion or Order Filing 16 ORDER DIRECTING RESPONDENT TO ANSWER PETITION - the Court orders the Respondent to file an answer or other responsive pleading to the amended petition. Service on Respondent. In accordance with a standing agreement between the Court and the AG, the Court electronically served the designated AG representative, Edward L. Marshall, Assistant Attorney General, Chief of the Criminal Appeals Division, at edward.marshall@oag.texas.gov, as well as Laura Haney at laura.haney@oag.texas.gov. Respondents Answer. Respondent must answer the petition within thirty (30) days after receiving this order. Signed by Judge Elizabeth S. Chestney. (rg)
August 27, 2019 Documents 1 and 8 wert sent via electronic transmittal to edward.marshall@oag.texas.gov, laura.haney@oag.texas.gov.Created on 8/27/2019 at 3:20 PM. (rg)
August 26, 2019 Filing 15 Case electronically transferred in from Northern District of Texas; Case Number 5:19-cv-00098.
August 26, 2019 Case assigned to Chief Judge Orlando L. Garcia. 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. (rg)
August 26, 2019 CASE REFERRED to Magistrate Judge Elizabeth S. Chestney. (rg)
August 26, 2019 If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney. (rg)
August 23, 2019 Opinion or Order Filing 14 Order Transferring to Another District: Case transferred to San Antonio Division of Western District. (Ordered by Judge James Wesley Hendrix on 8/23/2019) (krr) [Transferred from Texas Northern on 8/26/2019.]
August 23, 2019 Opinion or Order Filing 13 ORDER granting #10 Motion for Leave to Proceed In Forma Pauperis. (Ordered by Judge James Wesley Hendrix on 8/23/2019) (krr) [Transferred from Texas Northern on 8/26/2019.]
August 23, 2019 Opinion or Order Filing 12 ORDER: Petitioner timely filed his complete Amended Petition. Thus, the Clerk is directed to redesignate this civil action as a petition for writ of habeas corpus under 28 U.S.C. $ 2254. (Ordered by Judge James Wesley Hendrix on 8/23/2019) (krr) [Transferred from Texas Northern on 8/26/2019.]
August 23, 2019 ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Fri Aug 23 16:10:07 CDT 2019 (crt) [Transferred from Texas Northern on 8/26/2019.]
August 23, 2019 ***Clerk's Notice of delivery: (see NEF for details) Docket No:13,14. Fri Aug 23 16:58:09 CDT 2019 (crt) [Transferred from Texas Northern on 8/26/2019.]
August 9, 2019 Opinion or Order Filing 11 Pursuant to Special Order 3-331 the clerk is to reassign all cases assigned to Judge Cummings that do not appear on Exhibit A to the docket of US District Judge Wes Hendrix, and all such cases are to carry the suffix letter "H. "(The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief Judge Barbara M. G. Lynn on 8/9/2019) (lrl) [Transferred from Texas Northern on 8/26/2019.]
August 9, 2019 Filing 10 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Ruben Carrillo (krd) [Transferred from Texas Northern on 8/26/2019.]
August 9, 2019 Filing 9 AMENDED COMPLAINT against All Defendants filed by Ruben Carrillo. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (krd) (Main Document 9 replaced on 8/9/2019) (krd). [Transferred from Texas Northern on 8/26/2019.]
July 23, 2019 Opinion or Order Filing 8 ORDER: Plaintiff is advised that the Court intends to construe the instant civil rights complaint as a petition for writ of habeas corpus pursuant to 28 U.S.C. $ 2254, unless Plaintiff shows cause within twenty (20) days from the date of this Order why it is properly filed under 42 U,S.C. 1983. If Plaintiff agrees with the Court's intention to construe his civil rights complaint as a petition for writ of habeas corpus, he should file a complete Amended Petition on the proper form within twenty (20) days from the date of this Order. The Clerk mailed to Plaintiff an Application to Proceed in Forma Pauperis and a 2254 petition marked "Amended Petition," Civil Action Number 5:19-CV-098. Plaintiff's application to proceed in forma pauperis will remain pending until the Court determines the nature of this suit. (Ordered by Senior Judge Sam R Cummings on 7/23/2019) (krd) [Transferred from Texas Northern on 8/26/2019.]
July 23, 2019 ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. The Clerk mailed to Plaintiff an Application to Proceed in Forma Pauperis and a 2254 petition marked "Amended Petition," Civil Action Number 5:19-CV-098 along with a copy of this Order #8 .. Tue Jul 23 10:15:36 CDT 2019 (crt) [Transferred from Texas Northern on 8/26/2019.]
July 2, 2019 Filing 7 RESPONSE filed by Ruben Carrillo RE: #5 Judge's Questionnaire. (krd) [Transferred from Texas Northern on 8/26/2019.]
June 17, 2019 Filing 6 NOTICE of Change of Address for Pro Se litigant Ruben Carrillo. New address: TDCJ Estelle Unit 264 FM 3478 Huntsville, Texas 77320. (krd) [Transferred from Texas Northern on 8/26/2019.]
June 12, 2019 Opinion or Order Filing 5 ORDER: The Court finds that Plaintiff should be required to answer the attached questionnaire and return it to the Clerk for filing within twenty (20) days from the date of this Order. (Ordered by Senior Judge Sam R Cummings on 6/12/2019) (bmg) [Transferred from Texas Northern on 8/26/2019.]
June 12, 2019 ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Wed Jun 12 09:55:15 CDT 2019 (crt) [Transferred from Texas Northern on 8/26/2019.]
May 29, 2019 Filing 4 Notice and Instruction to Pro Se Party. (krd) [Transferred from Texas Northern on 8/26/2019.]
May 29, 2019 Filing 3 New Case Notes: A filing fee has not been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (krd) [Transferred from Texas Northern on 8/26/2019.]
May 29, 2019 Filing 2 DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS with certificate of trust account, filed by Ruben Carrillo. (krd) [Transferred from Texas Northern on 8/26/2019.]
May 29, 2019 Filing 1 COMPLAINT against All Defendants filed by Ruben Carrillo. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (krd) [Transferred from Texas Northern on 8/26/2019.]
May 29, 2019 ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3,4. Wed May 29 11:01:05 CDT 2019 (crt) [Transferred from Texas Northern on 8/26/2019.]

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Respondent: Lorie Davis
Represented By: Edward L. Marshall
Represented By: Patrick D. Todd
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Petitioner: Ruben Carrillo
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