Hardesty v. Director, TDCJ-CID
| Andrew Lenard Hardesty |
| Director, TDCJ-CID and Bobby Lumpkin |
| 6:2023cv00067 |
| February 2, 2023 |
| US District Court for the Western District of Texas |
| Alan D Albright |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on June 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 EXHIBITS in Support of Petitioner's Response to Preliminary Answer by Andrew Lenard Hardesty. (sm3) |
| Filing 29 Petitioner's RESPONSE to #21 Respondent's Response to Habeas Petition by Andrew Lenard Hardesty. (sm3) |
| Filing 28 MOTION for Discovery by Andrew Lenard Hardesty. (sm3) |
| Filing 27 MOTION for Leave To Expand the Record by Andrew Lenard Hardesty. (sm3) |
| Filing 26 MOTION to Re-Incorporate Previously Filed Exhibit Packet by Andrew Lenard Hardesty. (sm3) |
| Filing 25 MOTION for Evidentiary Hearing by Andrew Lenard Hardesty. (sm3) |
| Filing 24 EXHIBIT RECEIPT by Bobby Lumpkin. Exhibits on CD which are held in a secure place in the Clerk's office unless/until needed. (sm3) |
| Filing 23 MOTION For Equitable Tolling by Andrew Lenard Hardesty. (Attachments: #1 Exhibits)(sm3) |
| Filing 22 State Court Records Filed. (Attachments: #1 1 RR__DA01_18-546-CR 100118 RR Vol 1 of 6, #2 2 RR__DA02_18-546-CR 100118 RR Vol 2 of 6, #3 3 RR__DA03_18-546-CR 100118 RR Vol 3 of 6, #4 4 RR__DA04_18-546-CR 100118 RR Vol 4 of 6, #5 5 RR__DA05_18-546-CR 100118 RR Vol 5 of 6, #6 6-1 RR__DA06_18-546-CR 100118 RR Vol 6 of 6_Part1, #7 6-2 RR__DA06_18-546-CR 100118 RR Vol 6 of 6_Part2, #8 6-3 RR__DA06_18-546-CR 100118 RR Vol 6 of 6_Part3, #9 6-4 RR__DA06_18-546-CR 100118 RR Vol 6 of 6_Part4, #10 6-5 RR__DA06_18-546-CR 100118 RR Vol 6 of 6_Part5, #11 6-6 RR__DA06_18-546-CR 100118 RR Vol 6 of 6_Part6, #12 6-7 RR__DA06_18-546-CR 100118 RR Vol 6 of 6_Part7, #13 6-8 RR__DA06_18-546-CR 100118 RR Vol 6 of 6_Part8, #14 6-9 RR__DA06_18-546-CR 100118 RR Vol 6 of 6_Part9, #15 6-10 RR_DA06_18-546-CR 100118 RR Vol 6 of 6_Part10, #16 Appel. Judgment__DA12_18-546-CR Judgment, #17 Appel. Mandate__DA13_18-546-CR Mandate, #18 Appell. State's Brief____DA09_18-546-CR 112618 Sta's Brief, #19 Appellant's Br.__DA08_18-546-CR 111218 App's Brief, #20 Appellant's Reply Br__DA10_18-546-CR 121718 App's Reply Brief, #21 Appellate Op.___DA11_18-546-CR Opinion, #22 CR__DA07_18-546-CR 082418 clerk's record, #23 Docketing Statement__DA15_18-546-CR 082018 DS, #24 Ntc. App.__DA14_18-546-CR 081718 NOA, #25 PDR Extension__DA16_PD-0961-19 EXT PDR, #26 PDR__DA17_PD-0961-19 ORIGINAL PDR, #27 Return___DA18_PD-0961-19 RETURNED TO COA COURT 1-8-2020, #28 SHCR MISC__SH05_WR-93,134-01 MISC DOCUMENT RECD PRO SE 11-1-2021, #29 SHCR ODI___SH06_WR-93,134-01 ODI RECD DCK 1-19-2022, #30 SHCR SUPP I___SH03_WR-93,134-01 EXTENSION SUPP RECD TCOURT 01-14-2022, #31 SHCR SUPP II__SH02_WR-93,134-01 EXTENSION SUPP RECD TCOURT 01-14-2022(2), #32 SHCR SUPP III___SH08_WR-93,134-01 SUPP RECD WRIT 06-17-2022, #33 SHCR, Action Taken Sheet__SH01_WR-93,134-01,11-16-2022, #34 SHCR, Order 10.20.21__SH04_WR-93,134-01 HARDESTY ORDER 10-20-21, #35 SHCR, Order Issued___SH07_WR-93,134-01 ORDER ISSUED WRIT 10-20-2021, #36 SHCR, pp. 1 - 207___SH09_WR-93,134-01 WRIT RECD WRIT 09-24-2021)(Brodbeck, Lori) |
| Filing 21 RESPONSE to Petition for Writ of Habeas Corpus by Bobby Lumpkin.(Brodbeck, Lori) |
Text Order DISMISSING #15 Motion for Hearing entered by Judge Alan D Albright. This motion is dismissed based on Plaintiff's request in his Motion for Leave of Court to Abandon Amended Petition 2254 filed March 9, 2023 (This is a text-only entry generated by the court. There is no document associated with this entry.) (sf1)
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Text Order GRANTING #18 Motion to Dismiss entered by Judge Alan D Albright. Plaintiff's amended petition, filed on March 9, 2023, is hereby struck from the record leaving Plaintiff's original petition, filed January 30, 2023, as the only live petition in this case. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sf1)
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Filing 19
ORDER DENYING #13 Motion to Appoint Counsel Signed by Judge Alan D Albright. (sm3)
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| Filing 18 MOTION for Leave of Court to Abandon Amended Petition 2254 by Andrew Lenard Hardesty. (sm3) |
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Text Order GRANTING #12 Motion entered by Judge Alan D Albright. The exhibits from Petitioner's original petition are now incorporated with his amended petition. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sf1)
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Text Order GRANTING #14 Motion for Leave to File entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sf1)
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Text Order DISMISSING #17 Motion for Discovery entered by Judge Alan D Albright. If, after receiving Respondent's answer, Petitioner believes he needs further discovery, he should serve his discovery requests on Respondent, not the Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sf1)
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Text Order GRANTING #11 Motion to Amend/Correct entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sf1)
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Text Order DISMISSING #16 Motion entered by Judge Alan D Albright. If, after receiving Respondent's answer, Petitioner believes he needs further discovery, he should serve his discovery requests on Respondent, not the Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sf1)
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| Filing 17 MOTION for Discovery by Andrew Lenard Hardesty. (sm3) |
| Filing 16 MOTION to Expand the Record by Andrew Lenard Hardesty. (sm3) |
| Filing 15 MOTION for Evidentiary Hearing by Andrew Lenard Hardesty. (sm3) |
| Filing 14 MOTION for Leave to File 1 Copy of All Filings by Andrew Lenard Hardesty. (sm3) |
| Filing 13 MOTION to Appoint Counsel by Andrew Lenard Hardesty. (sm3) |
| Filing 12 MOTION to Incorporate Previously Filed Documents by Andrew Lenard Hardesty. (sm3) |
| Filing 11 MOTION to Amend/Correct #1 Petition for Writ of Habeas Corpus, by Andrew Lenard Hardesty. (Attachments: #1 Amended Grounds for Writ)(sm3) |
| Filing 10 NOTICE of Attorney Appearance by Lori Brodbeck on behalf of Bobby Lumpkin. Attorney Lori Brodbeck added to party Bobby Lumpkin(pty:res) (Brodbeck, Lori) |
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Filing 9
ORDER Directing Respondent to Answer Petition. The Clerk shall serve this Order and the petition electronically. Respondent shall file an Answer within 28 days. Signed by Judge Alan D Albright. (sm3) Petition and Order sent as directed. Modified on 2/17/2023 (sm3).
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| Filing 8 Filing fee received in the amount of $5, receipt number 563 (sm3) |
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Filing 7
Deficiency ORDER re #1 Petition for Writ of Habeas Corpus, filed by Andrew Lenard Hardesty. The Clerk of Court shall forward to Petition an IFP application and that Petitioner shall, on or before March 8, 2023 submit either the $5 filing fee or the IFP application with a certified data sheet. Signed by Judge Alan D Albright. (sm3) IFP Form included in mailing. Modified on 2/13/2023 (sm3).
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| Filing 6 Case Opening Letter to Andrew Lenard Hardesty. (sm3) |
| 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. (sm3) |
| Filing 5 Case electronically transferred in from District of Texas Eastern; Case Number 6:23-cv-00058. |
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Filing 4
ORDER OF TRANSFER. The case is TRANSFERRED to the Western District of Texas, Waco Division. The Clerk of Court shall transfer the case forthwith and without delay. Signed by Magistrate Judge John D. Love on 2/2/2023. (wea, ) [Transferred from Texas Eastern on 2/2/2023.]
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| Interdistrict transfer to the Western District of Texas, Waco Division. (wea, ) [Transferred from Texas Eastern on 2/2/2023.] |
| Filing 3 CASE REFERRED to Magistrate Judge John D. Love. (wea, ) [Transferred from Texas Eastern on 2/2/2023.] |
| Filing 2 MOTION to Appoint Counsel by Andrew Lenard Hardesty. (wea, ) [Transferred from Texas Eastern on 2/2/2023.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Andrew Lenard Hardesty. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Notice, #11 Envelope(s))(wea, ) [Transferred from Texas Eastern on 2/2/2023.] |
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