Gardner v. Director, TDCJ-CID
| Milton Lee Gardner |
| Bobby D. Lumpkin |
| 6:2020cv00772 |
| August 25, 2020 |
| US District Court for the Western District of Texas |
| Alan D Albright |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on October 23, 2020. A more recent docket listing may be available from PACER.
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Text Order GRANTING #12 Motion for Extension of Time to Answer entered by Judge Alan D Albright. The response is due on or before November 23, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tb)
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| Filing 12 Second MOTION for Extension of Time to File Answer re #1 Petition for Writ of Habeas Corpus, with Brief in Support by Bobby D. Lumpkin. (Attachments: #1 Proposed Order)(Harp, Sarah) |
| Filing 11 Letter from Milton Lee Gardner and response from court regarding copy of motion for discovery and refiling. (am) |
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Text Order GRANTING #10 Motion for Extension of Time to Answer entered by Judge Alan D Albright. The response is due on or before October 23, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tb)
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| Filing 10 MOTION for Extension of Time to File Answer re #1 Petition for Writ of Habeas Corpus, with Brief in Support by Bobby D. Lumpkin. (Attachments: #1 Proposed Order)(Harp, Sarah) |
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Text Order DISMISSING #9 Motion for Discovery entered by Judge Alan D Albright. A party shall be entitled to invoke the processes of discovery available under the Federal Rules of Civil Procedure if, and to the extent that, the judge in the exercise of his discretion and for good cause shown grants leave to do so, but not otherwise. Bracy v. Gramley, 520 U.S. 899, 904 (1997) (quoting R. Governing 2254 Cases 6(a)). At this time, Petitioner has not shown good cause. Once the Government's response has been received, Petitioner may refile a motion for discovery if he still believes it is necessary. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tb)
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| Filing 9 MOTION for Discovery by Milton Lee Gardner. (Attachments: #1 Exhibit)(am) |
| Filing 8 NOTICE of Attorney Appearance by Sarah Miranda Harp on behalf of Bobby D. Lumpkin. Attorney Sarah Miranda Harp added to party Bobby D. Lumpkin(pty:res) (Harp, Sarah) |
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Filing 7
ORDER DIRECTING RESPONDENT TO ANSWER PETITION. Signed by Judge Alan D Albright. (am)
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Text Order GRANTING #2 Motion for Leave to Proceed in forma pauperis entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tb)
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| Filing 6 Case Transfer Letter to Milton Lee Gardner. (am) |
| Filing 5 Case electronically transferred in from Eastern District of Texas; Case Number 6:20-cv-00462. |
| 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) |
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Filing 4
ORDER OF TRANSFER. The petition is TRANSFERRED to the Western District of Texas, Waco Division. The Clerk of Court shall transfer the case to the Western District of Texas, Waco Division forthwith and without delay. Signed by Magistrate Judge K. Nicole Mitchell on 08/24/20. (mll, ) [Transferred from Texas Eastern on 8/25/2020.]
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| Interdistrict transfer to the Western District of Texas Waco Division. (mll, ) [Transferred from Texas Eastern on 8/25/2020.] |
| Filing 3 CASE REFERRED to Magistrate Judge K Nicole Mitchell. (mll, ) [Transferred from Texas Eastern on 8/25/2020.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Milton Lee Gardner. (mll, ) [Transferred from Texas Eastern on 8/25/2020.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Milton Lee Gardner. (Attachments: #1 State Habeas Grounds Raised From #11, #2 More Grounds From #20, #3 Memorandum of Law in Support, #4 Exhibits, #5 Cover Letter, #6 Envelope(s))(mll, ) [Transferred from Texas Eastern on 8/25/2020.] |
| 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. ***MAILED Consent Form to petitioner. (mll, ) [Transferred from Texas Eastern on 8/25/2020.] |
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| Petitioner: Milton Lee Gardner | |
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| Respondent: Bobby D. Lumpkin | |
| Represented By: | Edward L. Marshall |
| Represented By: | Sarah Miranda Harp |
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