Eary v. Davis
Defendant: Lorie Davis-Director TDCJ-CID
Petitioner: Donald L. Eary
Case Number: 6:2019cv00553
Filed: September 24, 2019
Court: US District Court for the Western District of Texas
Presiding Judge: Alan D Albright
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 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2019 Opinion or Order Filing 14 FINAL JUDGMENT. It is therefore ORDERED that Petitioner Donald L. Earys Application for Habeas Corpus Relief is hereby DISMISSED WITH PREJUDICE as time-barred. It is finally ORDERED that the above styled and numbered cause is hereby CLOSED. Signed by Judge Alan D Albright. (am)
November 6, 2019 Opinion or Order Filing 13 It is therefore ORDERED that Petitioners application for writ of habeas corpus is DISMISSED WITH PREJUDICE as time-barred. It is finally ORDERED that a certificate of appealability is DENIED. Signed by Judge Alan D Albright. (am)
October 23, 2019 Filing 12 RESPONSE to #8 Order to Show Cause by Donald L. Eary. (am)
October 18, 2019 Opinion or Order Filing 11 ORDER GRANTING #10 Motion to Consolidate Cases Signed by Judge Alan D Albright. (am)
October 18, 2019 Opinion or Order Text Order GRANTING #10 Motion to Consolidate Cases entered by Judge Alan D Albright. The Clerk is instructed to consolidate cases 19-CV-553 and 554 under case number 19-CV-553. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tb)
October 17, 2019 Filing 10 MOTION to Consolidate Cases with W:19-CV-554 by Donald L. Eary. (bw)
September 27, 2019 Filing 9 Writ Filing fee received in the amount of $5, receipt number 600025630. (bw)
September 25, 2019 Opinion or Order Filing 8 SHOW CAUSE ORDER as to Donald L. Eary. Show Cause Response due by 10/25/2019. Signed by Judge Alan D Albright. (am)
September 25, 2019 Opinion or Order Filing 7 DEFICIENCY ORDER re #1 Petition for Writ of Habeas Corpus filed by Donald L. Eary. Signed by Judge Alan D Albright. (Attachments: #1 Application to Proceed In Forma Pauperis)(am)
September 24, 2019 Filing 6 Case Opening Letter. Letter mailed to Donald L. Eary, #2147564, Coffield Unit, 2661 FM 2054, Tennessee Colony, TX 75884. (am)
September 24, 2019 Filing 5 Case electronically transferred in from Eastern District of Texas; Case Number 6:19-cv-00414.
September 24, 2019 Interdistrict transfer to the Western District of Texas Waco Division. (mjc, ) [Transferred from Texas Eastern on 9/24/2019.]
September 24, 2019 Case assigned to Judge Alan D Albright. 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. (am)
September 19, 2019 Opinion or Order Filing 4 ORDER OF TRANSFER withdrawing #3 Order, and transferring this case forthwith to the U.S. District Court for the Western District of Texas, Waco Division, for such other and further proceedings as that Court deems appropriate. Signed by Magistrate Judge John D. Love on 9/19/2019. (mjc, ) [Transferred from Texas Eastern on 9/24/2019.]
September 17, 2019 Opinion or Order Filing 3 ***WITHDRAWN PER ORDER #4 .***ORDER that the Petitioner has 30 days from the date of receipt of this order inwhich to either: (1) pay the statutory $5.00 filing fee, or (2) furnish an application for leave to proceed in forma pauperis which is accompanied by a properly certified ifp data sheet. Signed by Magistrate Judge John D. Love on 9/17/2019. (mjc, ) Modified on 9/19/2019 (mjc, ). [Transferred from Texas Eastern on 9/24/2019.]
September 13, 2019 Filing 2 CASE REFERRED to Magistrate Judge John D. Love. (ksd) (Main Document 2 replaced on 9/13/2019) (ksd, ). [Transferred from Texas Eastern on 9/24/2019.]
September 13, 2019 Filing 1 PETITION for Writ of Habeas Corpus filed by Donald L. Eary. (Attachments: #1 Cover Letter, #2 Envelope(s))(ksd ) [Transferred from Texas Eastern on 9/24/2019.] (Additional attachment(s) added on 9/24/2019: #3 Civil Cover Sheet) (am).
September 13, 2019 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. ***CONSENT FORM MAILED TO PLAINTIFF.*** (ksd ) [Transferred from Texas Eastern on 9/24/2019.]

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Petitioner: Donald L. Eary
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Defendant: Lorie Davis-Director TDCJ-CID
Represented By: Edward L. Marshall
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