Vineyard v. Lumpkin
Petitioner: Jay B. Vineyard
Respondent: Lorie Davis and Bobby Lumpkin
Case Number: 5:2020cv01077
Filed: September 8, 2020
Court: US District Court for the Western District of Texas
Presiding Judge: Fred Biery
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 May 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2020 Remark: Copy of Petition & Memo in Support with Order to Respond, e-mailed to the AG's Respondents. (wg)
November 5, 2020 Opinion or Order Filing 12 ORDER DIRECTING RESPONDENT TO ANSWER PETITION re #2 Memorandum in Support filed by Jay B. Vineyard, #1 Petition for Writ of Habeas Corpus filed by Jay B. Vineyard. Respondent must answer the petition within thirty (30) daysafter receiving this Order. The Court will electronically serve 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. The Court requests that the parties file their Consent/Non-Consent Within thirty (30) days from the date of this Order. Signed by Judge Fred Biery. (wg)
October 27, 2020 Filing 11 Filing fee received in the amount of $5.00, receipt number 500055898 (wg)
October 27, 2020 Opinion or Order Filing 10 ORDER DENYING re #9 MOTION to Proceed in forma pauperis filed by Jay B. Vineyard. Petitioner shall submit to the Clerk of the Court, within thirty (30) days of the date of this Order, the necessary $5.00 amount in payment of fees. Signed by Judge Fred Biery. (wg)
October 26, 2020 Filing 9 PRO-SE MOTION to Proceed in forma pauperis by Jay B. Vineyard. (wg)
October 1, 2020 Opinion or Order Filing 8 ORDER, that the Court will construe the Motion to vacate re #6 MOTION to Vacate filed by Jay B. Vineyard, as a supplemental memorandum which shall be taken into consideration when evaluating the merits of Petitioners allegations. Signed by Judge Fred Biery. (wg)
October 1, 2020 Opinion or Order Filing 7 DEFICIENCY ORDER, IT IS HEREBY ORDERED that, within thirty (30) days of the filing of this Order, petitioner must submit to the Court either the required filing fee of $5.00 or a completed application to proceed IFP. If the petitioner submits an IFP application, it must include a current institutional trust fund account statement showing deposits and balances to petitioners institutional account for the previous six months. re #6 MOTION to Vacate filed by Jay B. Vineyard, The Clerk shall send a Blank IFP Application to the Petitioner with a copy of this Order. Signed by Judge Fred Biery. (wg)
September 30, 2020 Filing 6 PRO-SE MOTION to Vacate under Fed. Rule Civil procedure 12(b)(4) filed by Jay B. Vineyard. (wg)
September 28, 2020 Filing 5 NOTICE by Jay B. Vineyard re #4 Order, (wg)
September 18, 2020 Opinion or Order Filing 4 ORDER CONSOLIDATING CASES, IT IS HEREBY ORDERED that these two cases currently pending before this Court5:20-CV-1077-FB and 5:20-CV-1080-FBare consolidated. This case, Case No. 5:20- CV-1077-FB, shall be the lead case, and all filings shall be made in this case ONLY. IT IS FURTHER ORDERED that cause number SA-20-CV-1080-FB is ADMINISTRATIVELY CLOSED pending further order of the Court. Signed by Judge Fred Biery. (wg)
September 11, 2020 Filing 3 Case Opening Letter to Jay B. Vineyard. (dtg)
September 8, 2020 Filing 2 Memorandum Brief in Support of #1 Petition for Writ of Habeas Corpus by Jay B. Vineyard. (dtg)
September 8, 2020 Filing 1 Petition for Writ of Habeas Corpus, filed by Jay B. Vineyard. (Attachments: #1 Civil Cover Sheet, #2 Copy of Cover Letter, #3 Copy of Envelope)(dtg)
September 8, 2020 If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer. (dtg)
September 8, 2020 THIS CASE HAS BEEN RAMDOMLY ASSIGNED TO JUDGE FRED BIERY. (dtg)

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Respondent: Lorie Davis
Represented By: Edward L. Marshall
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Respondent: Bobby Lumpkin
Represented By: Edward L. Marshall
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Petitioner: Jay B. Vineyard
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