Taylor v. Davis-Director TDCJ-CID (4:17-cv-00220), Texas Northern District Court

Taylor v. Davis-Director TDCJ-CID

Texas Northern District Court
Judge:	Reed C O'Connor
Case #:	4:17-cv-00220
Nature of Suit	530 Prisoner Petitions - Habeas Corpus - General
Cause	28:2254 Petition for Writ of Habeas Corpus (State)

Case Filed:	Mar 13, 2017
Re-opened:	Jan 29, 2020
Terminated:	Jan 30, 2020

Petitioner Gary D Taylor
Respondent Lorie Davis-Director TDCJ-CID

GPO Oct 17 2018
Opinion and Order: Petitioner's petition as to grounds (3)(a) and (4) is DISMISSED without prejudice subject to authorization from the Fifth Circuit Court of Appeals to bring the petition in accordance with the provisions of 28 U.S.C. � 2244(b). The petition is DENIED as to grounds (1), (2), and (3)(b). A certificate of appealability is also DENIED. (Ordered by Judge Reed C. O'Connor on 10/17/2018) (skg)

Docket last updated: 04/18/2024 11:59 PM CDT

Thursday, January 30, 2020
31		31 3 pgs order Order of Dismissal or Administrative Closure Thu 01/30 3:24 PM ORDER: For these reasons, Petitioner's Rule 60(b) motion is DENIED. For the same reasons, a certificate of appealability is also DENIED. (Ordered by Judge Reed C. O'Connor on 1/30/2020) (skg) Related: [-]
		misc Order Receipt Thu 01/30 3:24 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:31. Thu Jan 30 15:24:50 CST 2020 (crt) Related: [-]
Monday, January 27, 2020
30		30 motion Set Aside Judgment Mon 01/27 2:43 PM MOTION for Relief from Judgment filed by Gary D Taylor. (tln) Related: [-]
Wednesday, July 03, 2019
29		29 appeal USCA Judgment/Mandate Wed 07/03 4:01 PM JUDGMENT/MANDATE of USCA No. 1964 as to26 Notice of Appeal, filed by Gary D Taylor,16 Notice of Appeal, filed by Gary D Taylor. Accordingly, he fails to make the requisite showing, and his motion for a COA is DENIED. Issued as Mandate: 7/3/19. (tle) Related: [-]
Wednesday, January 09, 2019
		appeal Appeal Record Certified/Transmitted Wed 01/09 4:28 PM Record on Appeal for USCA5 18-11574 Related [+]: Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 12 Electronic state court record(s),. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by[LINK:contacting the appeals deputy] in advance to arrange delivery. (tle) Related: [-] lated to26 ,16 appeal
		misc Order Receipt Wed 01/09 4:28 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:. Copy of paginated docket sheet mailed to petitioner Wed Jan 9 16:28:43 CST 2019 (crt) Related: [-]
Thursday, December 13, 2018
		appeal USCA Case Number Thu 12/13 9:45 AM USCA Case Number 18-11574 in United States Court of Appeals Fifth Circuit for26 Notice of Appeal, filed by Gary D Taylor. (tle) Related: [-]
Monday, December 10, 2018
28		28 1 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Mon 12/10 4:22 PM ORDER granting27 Motion for Leave to Proceed In Forma Pauperis on Appeal. (Ordered by Judge Reed C. O'Connor on 12/10/2018) (skg) Related: [-]
27		27 motion Proceed In Forma Pauperis Mon 12/10 2:32 PM MOTION for Leave to Proceed in forma pauperis on appeal with certificate of trust account re26 Notice of Appeal filed by Gary D Taylor. (tln) Related: [-]
		misc Order Receipt Mon 12/10 4:22 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:28. Mon Dec 10 16:22:49 CST 2018 (crt) Related: [-]
Thursday, December 06, 2018
26		26 appeal Notice of Appeal Thu 12/06 3:25 PM NOTICE OF APPEAL as to23 Judgment, to the Fifth Circuit by Gary D Taylor. T.O. form to appellant electronically at[LINK:Transcript Order Form] or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions[LINK:here] . (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (tle) Related: [-]
		misc Order Receipt Thu 12/06 3:26 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:26. Thu Dec 6 15:26:18 CST 2018 (crt) Related: [-]
Tuesday, November 20, 2018
		misc Order Receipt Tue 11/20 9:25 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:25. Tue Nov 20 09:25:05 CST 2018 (crt) Related: [-]
Monday, November 19, 2018
25		25 1 pgs order Order on Motion to Extend Time Tue 11/20 9:24 AM ORDER GRANTING24 MOTION FOR EXTENSION OF TIME TO FILE A NOTICE OF APPEAL: Petitioner had until November 16, 2018, to file a notice of appeal; thus, his time to do so is extended 31 days, up to and including Monday, December 17, 2018. (Ordered by Judge Reed C. O'Connor on 11/19/2018) (skg) Related: [-]
Friday, November 16, 2018
24		24 motion Extension of Time Fri 11/16 1:18 PM MOTION For Extension of Time to File Motion to Appeal to the United States Court of Appeals for the Fifth Circuit filed by Gary D Taylor. (tle) Related: [-]
Wednesday, October 17, 2018
23		23 order Judgment Wed 10/17 4:35 PM FINAL JUDGMENT: In accordance with its opinion and order signed this day, the petition of Gary D. Taylor pursuant to 28 U.S.C. � 2254 in the above-captioned action is DISMISSED, in part, and DENIED, in part. (Ordered by Judge Reed C. O'Connor on 10/17/2018) (skg) Related: [-]
22		22 4 pgs order Memorandum Opinion and Order Wed 10/17 4:33 PM Opinion and Order: Petitioner's petition as to grounds (3)(a) and (4) is DISMISSED without prejudice subject to authorization from the Fifth Circuit Court of Appeals to bring the petition in accordance with the provisions of 28 U.S.C. � 2244(b). The petition is DENIED as to grounds (1), (2), and (3)(b). A certificate of appealability is also DENIED. (Ordered by Judge Reed C. O'Connor on 10/17/2018) (skg) Related: [-]
		misc Order Receipt Wed 10/17 4:35 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:22, 23. Wed Oct 17 16:35:54 CDT 2018 (crt) Related: [-]
Friday, August 17, 2018
21		21 1 pgs order Order on Motion to Substitute Attorney Fri 08/17 9:25 AM ORDER granting20 Motion to Substitute Attorney, former Assistant Attorney General Rachel Patton is WITHDRAWN and Assistant Attorney General Benjamin G. Lancaster is SUBSTITUTED as Attorney-in-Charge for Respondent. (Ordered by Judge Reed C. O'Connor on 8/17/2018) (skg) Related: [-]
		misc Order Receipt Fri 08/17 9:26 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:21. Fri Aug 17 09:26:24 CDT 2018 (crt) Related: [-]
Thursday, August 16, 2018
20		20 motion Substitute Attorney Thu 08/16 12:52 PM MOTION to Substitute Attorney, added attorney Benjamin Lancaster,Benjamin Lancaster for Lorie Davis-Director TDCJ-CID. Motion filed by Lorie Davis-Director TDCJ-CID with Brief/Memorandum in Support.Attorney Benjamin Lancaster added to party Lorie Davis-Director TDCJ-CID(pty:res) (Lancaster, Benjamin) Related: [-]
		Att: 1 Proposed Order
Friday, June 22, 2018
19		19 appeal USCA Judgment/Mandate Fri 06/22 1:51 PM JUDGMENT/MANDATE of USCA as to16 Notice of Appeal, filed by Gary D Taylor. Accordingly, we are without jurisdiction over the appeal and it must be dismissed. All pending motions are denied as moot. IT IS SO ORDERED.Issued as Mandate: 6/22/18. (tle) Related: [-]
Tuesday, May 08, 2018
18		18 1 pgs order Order on Motion to Extend Time Tue 05/08 2:49 PM ORDER finding as moot17 Motion to Extend Time. (Ordered by Judge Reed C. O'Connor on 5/8/2018) (skg) Related: [-]
		misc Order Receipt Tue 05/08 2:49 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:18. Tue May 8 14:49:54 CDT 2018 (crt) Related: [-]
Wednesday, May 02, 2018
17		17 motion Extension of Time Wed 05/02 3:33 PM MOTION to Extend Time to perfect appeal16 filed by Gary D Taylor. (tle) Related: [-]
Wednesday, April 18, 2018
		appeal USCA Case Number Wed 04/18 10:40 AM USCA Case Number 18-10458 in United States Court of Appeals Fifth Circuit for16 Notice of Appeal, filed by Gary D Taylor. (tle) Related: [-]
Friday, April 13, 2018
16		16 appeal Notice of Appeal Fri 04/13 3:41 PM NOTICE OF INTERLOCUTORY APPEAL as to15 Order on Motion for Discovery to the Fifth Circuit by Gary D Taylor. T.O. form to appellant electronically at[LINK:Transcript Order Form] or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions[LINK:here] . (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (tle) Related: [-]
		misc Order Receipt Fri 04/13 3:42 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:16. NOA mailed to Petitioner Fri Apr 13 15:42:27 CDT 2018 (crt) Related: [-]
Thursday, March 29, 2018
15		15 2 pgs order Order on Motion for Discovery Thu 03/29 4:18 PM ORDER denying14 Motion for Discovery. (Ordered by Judge Reed C. O'Connor on 3/29/2018) (skg) Related: [-]
		misc Order Receipt Thu 03/29 4:18 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Thu Mar 29 16:18:55 CDT 2018 (crt) Related: [-]
Monday, March 19, 2018
14		14 motion Discovery Mon 03/19 2:14 PM MOTION for Leave to Conduct Discovery filed by Gary D Taylor. (tln) Related: [-]
Wednesday, June 28, 2017
13		13 respm Reply Wed 06/28 2:34 PM Petitioner's Response to10 Response to Habeas Petition, filed by Gary D Taylor. (bdb) Related: [-]
Tuesday, May 23, 2017
12		12 misc Administrative Record Tue 05/23 3:48 PM Administrative Record consisting of State court papers filed by Lorie Davis-Director TDCJ-CID. (Patton, Rachel) Related: [-]
		Att: 1 CCA Cover,
		Att: 2 Docket,
		Att: 3 PD-1569-11 Original PDR,
		Att: 4 PD-1569-11 [MOT SUSP 9.3(B)],
		Att: 5 PD-1569-11 Pro Se Mtn for Ext Grnt,
		Att: 6 PD-1569-11,
		Att: 7 RR Vol 1 of 9,
		Att: 8 RR Vol 2 of 9,
		Att: 9 RR Vol 3 of 9,
		Att: 10 RR Vol 4 of 9,
		Att: 11 RR Vol 5 of 9,
		Att: 12 RR Vol 6 of 9,
		Att: 13 RR Vol 7 of 9,
		Att: 14 RR Vol 8 of 9,
		Att: 15 RR Vol 9 of 9,
		Att: 16 Clerk's Record,
		Att: 17 Appellant's Brief,
		Att: 18 State's Amended Brief,
		Att: 19 WR-53,090-01 Writ Rcvd,
		Att: 20 WR-53,090-02 Writ Rcvd,
		Att: 21 WR-53,090-03 Action Taken Writ 4 15-2015
		Att: 22 WR-53,090-03 Motion Rcvd Pro Se 2 23-2015
		Att: 23 WR-53,090-03 Writ Rcvd 3 2-2015
		Att: 24 WR-53,090-04 Action Taken Writ 8 19-2015
		Att: 25 WR-53,090-04 Supp - Clerk Record Writ 8 10-2015
		Att: 26 WR-53,090-04 Writ Rcvd 7 24-2015
		Att: 27 WR-53,090-05 Action Taken Writ 6 22-2016
		Att: 28 WR-53,090-05 Writ Rcvd 5-19-2016
11		11 misc Certificate Of Interested Persons/Disclosure Statement Tue 05/23 3:38 PM CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lorie Davis-Director TDCJ-CID. (Patton, Rachel) Related: [-]
10		10 answer Response to Habeas Petition Tue 05/23 3:36 PM RESPONSE to1 Petition for Writ of Habeas Corpus,, filed by Lorie Davis-Director TDCJ-CID. (Patton, Rachel) Related: [-]
9		9 notice Notice of Attorney Appearance Tue 05/23 3:32 PM NOTICE of Attorney Appearance by Rachel Leigh Patton on behalf of Lorie Davis-Director TDCJ-CID. (Filer confirms contact info in ECF is current.) (Patton, Rachel) Related: [-]
Wednesday, May 17, 2017
8		8 order Order on Motion for Leave to Proceed In Forma Pauperis Wed 05/17 2:13 PM ORDER: Petitioner, Gary D. Tayor, has filed an Application to Proceed In Forma Pauperis in this habeas action. Appl., ECF No.7 . The $5.00 filing fee was tendered to the clerk of Court on March 28, 2017. Therefore, the application is DENIED as moot. (Ordered by Judge Reed C. O'Connor on 5/17/2017) (skg) Related: [-]
7		7 motion Proceed In Forma Pauperis Wed 05/17 12:07 PM MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Gary D Taylor. (tln) Related: [-]
		misc Order Receipt Wed 05/17 2:14 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Wed May 17 14:14:15 CDT 2017 (crt) Related: [-]
Thursday, March 30, 2017
6		6 service Certificate of Service Thu 03/30 8:42 AM ACKNOWLEDGEMENT OF ELECTRONIC SERVICE, re5 Order to Show Cause/Order to Answer. (baa) Related: [-]
Wednesday, March 29, 2017
5		5 order Order to Show Cause/Order to Answer Wed 03/29 4:34 PM ORDER PERMITTING PROCEEDING IN THE DISTRICT COURT and ORDER TO SHOW CAUSE, NOTICE, AND INSTRUCTIONS TO PARTIES: The clerk will electronically serve this order, the petition, and supporting documents to the designee for the Office of the Texas Attorney General. (Ordered by Judge Reed C. O'Connor on 3/29/2017) (baa) Related: [-]
		misc Order Receipt Wed 03/29 4:38 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Wed Mar 29 16:38:53 CDT 2017 (crt) Related: [-]
Tuesday, March 14, 2017
4		4 order Order And Notice of Deficiency Tue 03/14 11:09 AM Order and Notice of Deficiency: Gary D Taylor must address the following deficiency: A $5.00 filing fee has not been paid nor has an application to proceed in forma pauperis and certificate of inmate trust account reflecting the amount of funds in Petitioners inmate account been submitted.. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 30 days. (Ordered by Judge Reed C. O'Connor on 3/14/2017) (skg) Related: [-]
		misc Order Receipt Tue 03/14 11:10 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. , and a form Application to Proceed In Forma Pauperis and Certificate of Inmate Trust Account has been mailed to Petitioner for completion. Tue Mar 14 11:10:49 CDT 2017 (crt) Related: [-]
Monday, March 13, 2017
3		3 notice Notice and Instruction to Pro Se Party Mon 03/13 4:25 PM Notice and Instruction to Pro Se Party (mlm) Related: [-]
2		2 qcref O' Connor (FORT WORTH CASES) Mon 03/13 4:24 PM New Case Notes: A filing fee has not been paid. No prior sanctions found. (For court use only - links to the[LINK:national] and[LINK:circuit] indexes.) File to staff attorney PW. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (mlm) Related: [-]
1		1 cmp Petition for Writ of Habeas Corpus Mon 03/13 4:20 PM PETITION for Writ of Habeas Corpus filed by Gary D Taylor. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (mlm) Related: [-]
		misc Order Receipt Mon 03/13 4:26 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:2, 3. Mon Mar 13 16:26:23 CDT 2017 (crt) Related: [-]

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