Lewis v. Cain
| Louisiana Western District Court | |
| Judge: | Robert G James |
| Referred: | Patrick J Hanna |
| Case #: | 6:16-cv-00615 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | May 04, 2016 |
| Terminated: | Oct 20, 2017 |
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| Docket last updated: 04/18/2024 11:59 PM CDT |
| Monday, January 08, 2018 | ||
| 27 | 27
appeal
USCA Judgment
Mon 01/08 10:46 AM
USCA JUDGMENT/MANDATE (certified copy) as to23 Notice of Appeal filed by Simon Lewis that the appeal is DISMISSED as of January 8, 2018, for want of prosecution. The appellant failed to timely file motion for certificate of appealability and brief in support. (USCA 17-30872 (crt,WalkerSld, B) |
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| Tuesday, November 28, 2017 | ||
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appeal
Appeal Record Certified to USCA
Thu 11/30 4:24 PM
ELECTRONICALLY CERTIFIED Record on Appeal to US Court of Appeals re23 Notice of Appeal is now available to Appellate Counsel via the 5th Circuit Court of Appeals website. See Instructions for Access and Use of the Electronic Record Download Feature of CM/ECF by clicking[LINK:here] . (USCA 17-30872 If you do not have access to the Electronic Download Feature of CM/ECF, please submit your request for the certified record on appeal to the District Court. (crt,WalkerSld, B) |
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| Monday, November 13, 2017 | ||
| 26 | 26
misc
Corrective Document
Tue 11/14 1:32 PM
CORRECTIVE DOCUMENT entitled Application to Proceed In Forma Pauperis on Appeal filed by Simon Lewis regarding24 MOTION to Proceed In Forma Pauperis on Appeal. (crt,WalkerSld, B) |
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| Tuesday, November 07, 2017 | ||
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appeal
~Util - Set/Reset Appeal Deadlines
Wed 11/08 7:58 AM
Set Deadline for Clerk re23 Notice of Appeal: Certify Appeal Record 17-30872 by Clerk to COA 11/22/2017. (crt,WalkerSld, B) |
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| Wednesday, November 01, 2017 | ||
| 25 | 25
notice
Notice of Deficiency
Wed 11/01 9:58 AM
NOTICE of Deficiency to Simon Lewis regarding24 MOTION to Proceed In Forma Pauperis on Appeal. Reason: Not on proper form and does not include a certified copy of the applicants prison trust fund account showing at least the past six months transactions.(crt,WalkerSld, B) |
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Att: 1
Application to Proceed In Forma Pauperis
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| Tuesday, October 31, 2017 | ||
| 24 | 24
motion
Proceed In Forma Pauperis on Appeal
Wed 11/01 9:38 AM
DEFICIENT ? MOTION to Proceed In Forma Pauperis on Appeal by Simon Lewis. (crt,WalkerSld, B) |
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| 23 | 23
appeal
Notice of Appeal
Wed 11/01 9:36 AM
NOTICE OF APPEAL as to21 Judgment Adopting Report and Recommendations by Simon Lewis. FEE STATUS: IFP GRANTED (crt,WalkerSld, B) |
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utility
Motions Transferred
Wed 11/01 9:59 AM
Motions Transferred regarding24 MOTION to Proceed In Forma Pauperis on Appeal. Motions referred to Judge Robert G James. (crt,WalkerSld, B) |
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| Friday, October 20, 2017 | ||
| 22 | 22
order
Certificate of Appealability Denied
Mon 10/23 9:12 AM
CERTIFICATE OF APPEALABILITY DENIED. Signed by Judge Robert G James on 10/20/2017. (crt,WalkerSld, B) |
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| 21 | 21
order
Judgment Adopting Report and Recommendations
Mon 10/23 8:25 AM
JUDGMENT ADOPTING19 Report and Recommendation of the Magistrate Judge, Denying and Dismissing With Prejudice1 Petition for Writ of Habeas Corpus filed by Simon Lewis. Signed by Judge Robert G James on 10/20/2017. (crt,Crawford, A) |
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| Friday, October 06, 2017 | ||
| 20 | 20
respoth
Objection to Report and Recommendations
Fri 10/06 4:37 PM
OBJECTION to19 Report and Recommendations by Simon Lewis. Response to Objection to R&R due by 10/20/2017 (crt,Williams, L) |
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| Monday, September 18, 2017 | ||
| 19 | 19
motion
Report and Recommendations
Mon 09/18 4:32 PM
REPORT AND RECOMMENDATIONS re1 Petition for Writ of Habeas Corpus filed by Simon Lewis: IT IS RECOMMENDED THAT the instant application be DENIED and DISMISSED WITH PREJUDICE. Objections to R&R due by 10/2/2017. Signed by Magistrate Judge Patrick J Hanna on 9/18/2017. (crt,Williams, L) |
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| Wednesday, May 24, 2017 | ||
| 18 | 18
misc
Response (NOT Motions)
Wed 05/24 4:36 PM
PETITIONER'S RESPONSE AND INCORPORATED MEMORANDUM to17 Response to Habeas Petition, by Simon Lewis. (crt,ThomasSld, T) |
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| Thursday, May 04, 2017 | ||
| 17 | 17
answer
Response to Habeas Petition
Thu 05/04 9:39 AM
RESPONSE to1 Petition for Writ of Habeas Corpus by N Burl Cain.(Attorney J N Prather, Jr added to party N Burl Cain(pty:dft))(aty,Prather, J) |
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Att: 1
Memorandum / Brief,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit,
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Att: 5
Exhibit,
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Att: 6
Exhibit,
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Att: 7
Exhibit,
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Att: 8
Exhibit,
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Att: 9
Exhibit,
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Att: 10
Exhibit,
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Att: 11
Exhibit
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| Thursday, December 15, 2016 | ||
| 16 | 16
order
Judgment Adopting Report and Recommendations
Thu 12/15 4:52 PM
JUDGMENT ADOPTING9 Report and Recommendation of the Magistrate Judge. IT IS ORDERED, ADJUDGED, AND DECREED that the Claims 1 - 4 of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. 2254 are hereby DENIED and DISMISSED WITH PREJUDICE as procedurally defaulted. Signed by Judge Robert G James on 12/15/16. (crt,DickersonSld, D) |
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| Friday, November 04, 2016 | ||
| 15 | 15
service
Acknowledgment of Service
Mon 11/07 3:19 PM
ACKNOWLEDGMENT OF SERVICE as to Lafayette Parish District Attorney. Served on 11/2/2016, answer due 12/12/2016. (crt,Haik, K) |
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| Wednesday, November 02, 2016 | ||
| 14 | 14
respoth
Objection to Report and Recommendations
Thu 11/03 11:43 AM
OBJECTION to9 Report and Recommendations by Simon Lewis. Response to Objection to R&R due by 11/16/2016(crt,Haik, K) |
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Att: 1
Exhibits
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| Monday, October 31, 2016 | ||
| 13 | 13
service
Acknowledgment of Service
Thu 11/03 11:42 AM
ACKNOWLEDGMENT OF SERVICE as to Louisiana Attorney General. Served on 10/27/2016, answer due 12/6/2016. (crt,Haik, K) |
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| 12 | 12
service
Acknowledgment of Service
Thu 11/03 11:40 AM
ACKNOWLEDGMENT OF SERVICE as to Warden Louisiana State Penitentiary. Served on 10/27/2016, answer due 12/6/2016. (crt,Haik, K) |
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| Wednesday, October 26, 2016 | ||
| 11 | 11
service
Summons Issued as to Warden, DA, and LA Atty Gen
Wed 10/26 11:37 AM
SUMMONS ISSUED by certified mail as to N Burl Cain, with courtesy copies to LA Attorney General and Lafayette Parish District Attorney.(crt,Chicola, C) |
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Att: 1
Certified Mail Receipts
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| Tuesday, October 25, 2016 | ||
| 10 | 10
order
Sec P - Service Order
Wed 10/26 10:49 AM
MEMORANDUM ORDER directing clerk to prepare summons and serve by certified mail a copy of the petition and this order upon the specified parties. Signed by Magistrate Judge Patrick J Hanna on 10/25/2016. (crt,Chicola, C) |
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| 9 | 9
motion
Report and Recommendations
Tue 10/25 4:45 PM
REPORT AND RECOMMENDATIONS re1 Petition for Writ of Habeas Corpus filed by Simon Lewis. IT IS RECOMMENDED that petitioner's first, second, third and fourth claims for relief, that the lower courts abused their discretion in denying petitioner's Writ of Review to the Louisiana Supreme Court because petitioner failed to attach records of the state's lower courts, that petitioner received ineffective assistance of counsel because defense counsel failed to advise petitioner of a plea offer, that petitioner received ineffective assistance of counsel because defense counsel failed to investigate and raise a proper defense and that petitioner was denied due process of law due to prosecutorial misconduct, respectively, be DENIED AND DISMISSED WITH PREJUDICE because these claims are procedurally defaulted. IT IS FURTHER RECOMMENDED that petitioner's fifth claim for relief, that there was juror misconduct, remain pending for further review. Objections to R&R due by 11/14/2016. Signed by Magistrate Judge Patrick J Hanna on 10/25/2016. (crt,Alexander, E) |
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| Tuesday, August 30, 2016 | ||
| 8 | 8
misc
Response (NOT Motions)
Wed 08/31 10:49 AM
RESPONSE by Simon Lewis re7 MEMORANDUM ORDER.(crt,Haik, K) |
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Att: 1
Exhibits
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| Friday, July 29, 2016 | ||
| 7 | 7
order
Sec P - Order Amend/ARP/Summons/Timely
Mon 08/01 9:08 AM
MEMORANDUM ORDER: Directing plaintiff to amend petition. Pro Se Response due by 9/7/2016. Signed by Magistrate Judge Patrick J Hanna on 7/29/2016. (crt,Haik, K) |
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| Friday, May 27, 2016 | ||
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order
Order on Motion for Leave to Proceed In Forma Pauperis
Fri 05/27 10:29 AM
MEMORANDUM ORDER granting4 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Karen L Hayes on 5/27/16. (crt,Crawford, A) |
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| Thursday, May 26, 2016 | ||
| 5 | 5
misc
Proposed Order/Judgment (Court User Only/Public Entry No NEF)
Thu 05/26 9:35 AM
PROPOSED ORDER re4 Motion for Leave to Proceed in forma pauperis referred to Magistrate Judge Hanna. (Public entry, but no electronic notice). (crt,Haik, K) |
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| Wednesday, May 25, 2016 | ||
| 4 | 4
motion
Proceed In Forma Pauperis
Thu 05/26 9:31 AM
MOTION for Leave to Proceed in forma pauperis by Simon Lewis. Motions referred to Patrick J Hanna. (crt,Haik, K) |
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| Tuesday, May 10, 2016 | ||
| 3 | 3
order
Sec P - Deficiency Order
Wed 05/11 10:18 AM
MEMORANDUM ORDER: Plaintiff failed to submit filing fee or a completed IFP application. Pro Se Deadline to comply with deficiency set for 6/9/2016. Signed by Magistrate Judge Patrick J Hanna on 5/10/2016.(crt,Haik, K) |
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Att: 1
IFP form
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| Monday, May 09, 2016 | ||
| 2 | 2
misc
Proposed Order/Judgment (Court User Only/Public Entry No NEF)
Mon 05/09 11:50 AM
PROPOSED ORDER referred to Magistrate Judge Hanna. (Public entry, but no electronic notice). (crt,Thigpen, M) |
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| Wednesday, May 04, 2016 | ||
| 1 | 1
cmp
Petition for Writ of Habeas Corpus
Thu 05/05 10:30 AM
PETITION for Writ of Habeas Corpus filed by Simon Lewis.(crt,Keller, J) |
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Att: 1
22 pgs
Memorandum / Brief,
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Att: 2
Exhibit,
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Att: 3
Civil cover sheet,
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Att: 4
Envelope
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utility
Case Assigned/Reassigned
Mon 05/09 11:27 AM
CASE Assigned to Judge Robert G James and Magistrate Judge Patrick J Hanna. (crt,Thigpen, M) |
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