Drake v. Davis-Director TDCJ-CID
Texas Northern District Court | |
Judge: | Ed Kinkeade |
Referred: | David L Horan |
Case #: | 3:17-cv-00797 |
Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
Case Filed: | Mar 21, 2017 |
Terminated: | Feb 26, 2020 |
Petitioner
Brian Wayne Drake
|
|
Respondent
Lorie Davis-Director TDCJ-CID
|
Docket last updated: 69 minutes ago |
Thursday, September 10, 2020 | ||
misc
Order Receipt
Thu 09/10 10:58 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:48. Thu Sep 10 10:58:01 CDT 2020 (crt) |
||
Tuesday, September 08, 2020 | ||
48 | 48
2
pgs
order
Order Accepting/Adopting Findings and Recommendations
Thu 09/10 10:57 AM
ORDER ACCEPTING45 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE and Denying Certificate of Appealability. The Court therefore TRANSFERS Petitioner's unauthorized successive 28 U.S.C. 2254 habeas applications to the United States Court of Appeals for the Fifth Circuit for appropriate action. Further, because the two43 ,44 motions Petitioner under Federal Rule of Civil Procedure 60(b) are in substance successive habeas applications, the Clerk of Court is DIRECTED to open for statistical purposes two new Section 2254 cases (nature of suit 530 directly assigned, per Special Order 3-250, to United States District Judge Ed Kinkeade and United States Magistrate Judge David L. Horan) and to close both on the basis of the order. (Civil Case 3:20-cv-2810 (#43) and 3:20-cv-2811 (#44) opened) (Ordered by Judge Ed Kinkeade on 9/8/2020) (oyh) Modified docket text on 9/10/2020 (oyh) |
|
Wednesday, August 26, 2020 | ||
misc
Order Receipt
Wed 08/26 10:14 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:47. Wed Aug 26 10:14:59 CDT 2020 (crt) |
||
Tuesday, August 25, 2020 | ||
47 | 47
3
pgs
order
Order on Motion to Stay
Wed 08/26 10:14 AM
ORDER DENYING46 MOTION TO STAY. (Ordered by Magistrate Judge David L. Horan on 8/25/2020) (twd) |
|
Thursday, August 20, 2020 | ||
46 | 46
motion
Stay
Fri 08/21 2:27 PM
Request to Hold Rule 60B Motion in Abeyance filed by Brian Wayne Drake re43 MOTION Rule 60(b),44 MOTION Rule 60(b). (oyh) |
|
45 | 45
motion
Findings and Recommendations
Thu 08/20 12:32 PM
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should transfer the43 ,44 construed successive habeas applications to the United States Court of Appeals for the Fifth Circuit for appropriate action. And the Court should direct the Clerk of the Court to open for statistical purposes two new Section 2254 cases (nature of suit 530 directly assigned, per Special Order 3-250, to United States District Judge Ed Kinkeade and United States Magistrate Judge David L. Horan) and to close both on the basis of any order accepting or adopting this recommendation. (Ordered by Magistrate Judge David L. Horan on 8/20/2020) (twd) |
|
misc
Order Receipt
Thu 08/20 12:33 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:45. Thu Aug 20 12:33:14 CDT 2020 (crt) |
||
Monday, August 10, 2020 | ||
44 | 44
motion
Miscellaneous Relief
Tue 08/11 2:21 PM
Rule 60(b) MOTION filed by Brian Wayne Drake. (oyh) |
|
43 | 43
motion
Miscellaneous Relief
Tue 08/11 2:19 PM
Rule 60(b) MOTION filed by Brian Wayne Drake. (oyh) |
|
Wednesday, February 26, 2020 | ||
42 | 42
order
Certificate of Appealability Denied
Wed 02/26 12:38 PM
Certificate of Appealability Denied (Ordered by Judge Ed Kinkeade on 2/26/2020) (chmb) |
|
41 | 41
order
Judgment
Wed 02/26 12:37 PM
JUDGMENT - It is ORDERED, ADJUDGED and DECREED that the application for a writ of habeas corpus is DENIED. (Ordered by Judge Ed Kinkeade on 2/26/2020) (chmb) |
|
40 | 40
1
pgs
order
Order on Findings and Recommendations on Case
Wed 02/26 12:35 PM
ORDER adopting39 Report and Recommendations. (Ordered by Judge Ed Kinkeade on 2/26/2020) (chmb) |
|
misc
Order Receipt
Wed 02/26 1:27 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:40,41,42. Wed Feb 26 13:27:37 CST 2020 (crt) |
||
Friday, February 07, 2020 | ||
misc
Order Receipt
Fri 02/07 10:26 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:39. Fri Feb 7 10:26:32 CST 2020 (crt) |
||
Thursday, February 06, 2020 | ||
39 | 39
motion
Findings and Recommendations
Fri 02/07 10:23 AM
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re:3 Petition for Writ of Habeas Corpus. The Court should deny the application for a writ of habeas corpus. (Ordered by Magistrate Judge David L. Horan on 2/6/2020) (axm) |
|
Thursday, June 13, 2019 | ||
38 | 38
notice
Notice (Other)
Thu 06/13 1:14 PM
NOTICE of Returned Mail by Brian Wayne Drake re:37 Order (filed in wrong case). (zkc) |
|
Monday, June 03, 2019 | ||
37 | 37
6
pgs
order
Order for Scheduling Order Proposal
Mon 06/03 1:18 PM
****PLEASE DISREGARD FILED IN WRONG CASE*** ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER IN PATENT CASES : The Court enters this Order to promote possible early settlement of this action and to facilitate subsequent entry of a Scheduling Order. The Joint Report, which shall be filed no later than 10 days from the date of the scheduling conference, shall include the following in separate numbered paragraphs, but not in the format of a proposed order. (Ordered by Judge Ed Kinkeade on 6/3/2019) (ndt) Modified on 6/3/2019 (ndt) |
|
misc
Order Receipt
Mon 06/03 1:18 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:37. Mon Jun 3 13:18:41 CDT 2019 (crt) |
||
Monday, October 22, 2018 | ||
36 | 36
1
pgs
order
Order on Motion for Leave to File
Mon 10/22 2:57 PM
ORDER granting35 Motion for Leave to File. (The requesting party must file the document with the clerk.) (Ordered by Magistrate Judge David L. Horan on 10/22/2018) (ykp) |
|
misc
Order Receipt
Mon 10/22 2:58 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:36. Mon Oct 22 14:58:40 CDT 2018 (crt) |
||
Thursday, October 18, 2018 | ||
35 | 35
motion
Leave to File
Thu 10/18 4:18 PM
MOTION for Leave to File Amend Response to Respondent's Answer filed by Brian Wayne Drake (ykp) |
|
Friday, February 02, 2018 | ||
34 | 34
notice
Notice (Other)
Fri 02/02 11:06 AM
Interrogatories for Respondent filed by Brian Wayne Drake. (zkc) |
|
Wednesday, November 01, 2017 | ||
33 | 33
1
pgs
order
Order on Motion for Leave to File Order on Motion for Leave to Proceed In Forma Pauperis
Wed 11/01 2:45 PM
ORDER granting32 Motion for Leave to File. The Court DIRECTS the Clerk to TERMINATE the motion for leave to proceed in forma pauperis [Dkt. No.5 ] as unnecessary, because the filing has been paid. (Ordered by Magistrate Judge David L. Horan on 11/1/2017) (axm) |
|
misc
Order Receipt
Wed 11/01 2:45 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:33. Wed Nov 1 14:45:29 CDT 2017 (crt) |
||
Tuesday, October 31, 2017 | ||
32 | 32
motion
Leave to File
Tue 10/31 2:33 PM
MOTION for Leave to File Overlong Brief filed by Brian Wayne Drake. (ndt) |
|
31 | 31
respm
Response/Objection
Tue 10/31 2:31 PM
RESPONSE filed by Brian Wayne Drake. (ndt) |
|
Thursday, September 07, 2017 | ||
30 | 30
2
pgs
order
Order on Motion for Miscellaneous Relief
Thu 09/07 1:56 PM
ORDER granting28 Motion for Extension of Time Reply Brief, denying without prejudice29 Motion for Leave to Exceed the Page Limitation. Reply brief due by 10/23/2017. (Ordered by Magistrate Judge David L. Horan on 9/7/2017) (axm) |
|
misc
Order Receipt
Thu 09/07 1:57 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:30. Thu Sep 7 13:57:42 CDT 2017 (crt) |
||
Wednesday, September 06, 2017 | ||
29 | 29
motion
Miscellaneous Relief
Wed 09/06 5:04 PM
Motion to File Answer in Excess of the Ten Page Limit with Brief in Support, filed by Brian Wayne Drake. (ran) |
|
28 | 28
motion
Miscellaneous Relief
Wed 09/06 4:57 PM
Motion for Extension of Time with His Brief in Support, filed by Brian Wayne Drake. (ran) Modified text on 9/6/2017 (ran) |
|
Friday, August 18, 2017 | ||
27 | 27
order
Order on Motion for Leave to File
Fri 08/18 11:56 AM
ORDER granting25 Motion for Leave to File an Answer with Brief in Support in Excess of the Twenty-Five Page Limit. (Ordered by Magistrate Judge David L. Horan on 8/18/2017) (epm) |
|
misc
Order Receipt
Fri 08/18 11:56 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:27. Fri Aug 18 11:56:58 CDT 2017 (crt) |
||
Thursday, August 17, 2017 | ||
26 | 26
answer
Response to Habeas Petition
Thu 08/17 1:57 PM
RESPONSE to3 Petition for Writ of Habeas Corpus,, filed by Lorie Davis-Director TDCJ-CID. (Wissinger, Jennifer) |
|
Att: 1 Appendix | ||
25 | 25
motion
Leave to File
Thu 08/17 1:48 PM
MOTION for Leave to File an Answer with Brief in Support in Excess of the Twenty-Five Page Limit filed by Lorie Davis-Director TDCJ-CID with Brief/Memorandum in Support. (Wissinger, Jennifer) |
|
24 | 24
misc
Certificate Of Interested Persons/Disclosure Statement
Thu 08/17 1:37 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lorie Davis-Director TDCJ-CID. (Wissinger, Jennifer) |
|
Wednesday, August 16, 2017 | ||
23 | 23
misc
Administrative Record
Wed 08/16 2:29 PM
Administrative Record consisting of State court papers filed by Lorie Davis-Director TDCJ-CID. (Wissinger, Jennifer) |
|
Att: 1 WR-84,531-15 AMENDED FINDINGS, | ||
Att: 2 WR-84,531-15 WRIT RECEIVED WRIT 8 1-2016 | ||
Att: 3 WR-84,531-16 ACTION TAKEN WRIT 3 8-2017 | ||
Att: 4 WR-84,531-16 EXTENSION RQST 73.5 DISP WRIT 8 29-2016 | ||
Att: 5 WR-84,531-16 MOTION RECEIVED PRO SE 8 29-2016 | ||
Att: 6 WR-84,531-16 AMENDED FINDINGS, | ||
Att: 7 WR-84,531-16 WRIT RECEIVED WRIT 11 21-2016 | ||
Att: 8 WR-84,531-16,17 EXTENSION RQST 73.5 TCOURT 8 16-2016 | ||
Att: 9 WR-84,531-17 ACTION TAKEN WRIT 3 8-2017 | ||
Att: 10 WR-84,531-17 EXTENSION RQST 73.5 DISP WRIT 8 29-2016 | ||
Att: 11 WR-84,531-17 MOTION RECEIVED PRO SE 8 29-2016 | ||
Att: 12 WR-84,531-17 FINDINGS, | ||
Att: 13 WR-84,531-17 WRIT RECEIVED WRIT 11 21-2016 | ||
Att: 14 WR-84,531-18 ACTION TAKEN WRIT 3 8-2017 | ||
Att: 15 WR-84,531-18 MISC DOCUMENT RECD PRO SE 9 21-2016 | ||
Att: 16 WR-84,531-18 MOTION RECEIVED PRO SE 10 25-2016 | ||
Att: 17 WR-84,531-18 ORDER ISSUED WRIT 10 19-2016 | ||
Att: 18 WR-84,531-18 FINDINGS, | ||
Att: 19 WR-84,531-18 AMENDED FINDINGS, | ||
Att: 20 WR-84,531-18 WRIT RECEIVED WRIT 9 9-2016 | ||
Att: 21 WR-84,531-18_DRAKE_ORDER, | ||
Att: 22 WR-84,531-19 ACTION TAKEN WRIT 3 8-2017 | ||
Att: 23 WR-84,531-19 MISC DOCUMENT RECD PRO SE 9 21-2016 | ||
Att: 24 WR-84,531-19 MOTION RECEIVED PRO SE 10 25-2016 | ||
Att: 25 WR-84,531-19 ORDER ISSUED WRIT 10 19-2016 | ||
Att: 26 WR-84,531-19 FINDINGS, | ||
Att: 27 WR-84,531-19 AMENDED FINDINGS, | ||
Att: 28 WR-84,531-19 WRIT RECEIVED WRIT 9-9-2016 | ||
22 | 22
misc
Administrative Record
Wed 08/16 2:17 PM
Administrative Record consisting of State court papers filed by Lorie Davis-Director TDCJ-CID. (Wissinger, Jennifer) |
|
Att: 1 WR-84,531-12 WRIT RECEIVED WRIT 4 25-2016 | ||
Att: 2 WR-84,531-13 ACTION TAKEN WRIT 5 4-2016 | ||
Att: 3 WR-84,531-13 MOT FOR RECON RECD PRO SE 5 16-2016 | ||
Att: 4 WR-84,531-13 MOTION RECEIVED PRO SE 5 11-2016 | ||
Att: 5 WR-84,531-13 MOTION RECEIVED PRO SE 6 21-2016 | ||
Att: 6 WR-84,531-13 OBJECTION-FINDINGS PRO SE 5 11-2016 | ||
Att: 7 WR-84,531-13 STATUS PRO SE 4 19-2016 | ||
Att: 8 WR-84,531-13 WRIT RECEIVED WRIT 4 25-2016 | ||
Att: 9 WR-84,531-14 WRIT RECEIVED WRIT 8 1-2016 | ||
Att: 10 WR-84,531-15 WRIT RECEIVED WRIT 8 1-2016 | ||
Att: 11 WR-84,531-14 ACTION TAKEN WRIT 3 8-2017 | ||
Att: 12 WR-84,531-14 ORDER ISSUED WRIT 9 14-2016 | ||
Att: 13 WR-84,531-14 FINDINGS, | ||
Att: 14 WR-84,531-14 AMENDED FINDINGS, | ||
Att: 15 WR-84,531-14 WRIT RECEIVED 8 1-2016 | ||
Att: 16 WR-84,531-14_DRAKE_ORDER(2), | ||
Att: 17 WR-84,531-14_DRAKE_ORDER, | ||
Att: 18 WR-84,531-15 ACTION TAKEN WRIT 3 8-2017 | ||
Att: 19 WR-84,531-15 ORDER ISSUED WRIT 9 14-2016 | ||
Att: 20 WR-84,531-15 FINDINGS | ||
21 | 21
misc
Administrative Record
Wed 08/16 2:08 PM
Administrative Record consisting of State court papers filed by Lorie Davis-Director TDCJ-CID. (Wissinger, Jennifer) |
|
Att: 1 WR-84,531-10 ACTION TAKEN WRIT 5 4-2016 | ||
Att: 2 WR-84,531-10 MOT FOR RECON RECD PRO SE 5 16-2016 | ||
Att: 3 WR-84,531-10 MOTION RECEIVED PRO SE 5 11-2016 | ||
Att: 4 WR-84,531-10 MOTION RECEIVED PRO SE 6 21-2016 | ||
Att: 5 WR-84,531-10 OBJECTION-FINDINGS PRO SE 5 11-2016 | ||
Att: 6 WR-84,531-10 STATUS PRO SE 4 19-2016 | ||
Att: 7 WR-84,531-10 WRIT RECEIVED WRIT 4 25-2016 | ||
Att: 8 WR-84,531-11 ACTION TAKEN WRIT 5 4-2016 | ||
Att: 9 WR-84,531-11 MOT FOR RECON RECD PRO SE 5 16-2016 | ||
Att: 10 WR-84,531-11 MOTION RECEIVED PRO SE 5 11-2016 | ||
Att: 11 WR-84,531-11 MOTION RECEIVED PRO SE 6 21-2016 | ||
Att: 12 WR-84,531-11 OBJECTION-FINDINGS PRO SE 5 11-2016 | ||
Att: 13 WR-84,531-11 STATUS PRO SE 4 19-2016 | ||
Att: 14 WR-84,531-11 WRIT RECEIVED WRIT 4 25-2016 | ||
Att: 15 WR-84,531-12 ACTION TAKEN WRIT 5 4-2016 | ||
Att: 16 WR-84,531-12 MOT FOR RECON RECD PRO SE 5 16-2016 | ||
Att: 17 WR-84,531-12 MOTION RECEIVED PRO SE 5 11-2016 | ||
Att: 18 WR-84,531-12 MOTION RECEIVED PRO SE 6 21-2016 | ||
Att: 19 WR-84,531-12 OBJECTION-FINDINGS PRO SE 5 11-2016 | ||
Att: 20 WR-84,531-12 STATUS PRO SE 4-19-2016 | ||
20 | 20
misc
Administrative Record
Wed 08/16 1:59 PM
Administrative Record consisting of State court papers filed by Lorie Davis-Director TDCJ-CID. (Wissinger, Jennifer) |
|
Att: 1 WR-84,531-05 ACTION TAKEN WRIT 4 6-2016 | ||
Att: 2 WR-84,531-05 MISC DOCUMENT RECD PRO SE 4 4-2016 | ||
Att: 3 WR-84,531-05 WRIT RECEIVED WRIT 3 18-2016 | ||
Att: 4 WR-84,531-06 ACTION TAKEN WRIT 4 6-2016 | ||
Att: 5 WR-84,531-06 MISC DOCUMENT RECD PRO SE 4 4-2016 | ||
Att: 6 WR-84,531-06 WRIT RECEIVED WRIT 3 18-2016 | ||
Att: 7 WR-84,531-07 ACTION TAKEN WRIT 4 6-2016 | ||
Att: 8 WR-84,531-07 MISC DOCUMENT RECD PRO SE 4 4-2016 | ||
Att: 9 WR-84,531-07 WRIT RECEIVED WRIT 3 21-2016 | ||
Att: 10 WR-84,531-08 ACTION TAKEN WRIT 4 6-2016 | ||
Att: 11 WR-84,531-08 MISC DOCUMENT RECD PRO SE 4 6-2016 | ||
Att: 12 WR-84,531-08 STATUS PRO SE 4 19-2016 | ||
Att: 13 WR-84,531-08 WRIT RECEIVED WRIT 3 21-2016 | ||
Att: 14 WR-84,531-09 ACTION TAKEN WRIT 5 4-2016 | ||
Att: 15 WR-84,531-09 MOT FOR RECON RECD PRO SE 5 16-2016 | ||
Att: 16 WR-84,531-09 MOTION RECEIVED PRO SE 5 11-2016 | ||
Att: 17 WR-84,531-09 MOTION RECEIVED PRO SE 6 21-2016 | ||
Att: 18 WR-84,531-09 OBJECTION-FINDINGS PRO SE 5 11-2016 | ||
Att: 19 WR-84,531-09 STATUS PRO SE 4 19-2016 | ||
Att: 20 WR-84,531-09 WRIT RECEIVED WRIT 4-25-2016 | ||
19 | 19
misc
Administrative Record
Wed 08/16 1:45 PM
Administrative Record consisting of State court papers filed by Lorie Davis-Director TDCJ-CID. (Wissinger, Jennifer) |
|
Att: 1 Mandate 05 14-01116 CR, | ||
Att: 2 Clerk's Record F13-20916-Q, | ||
Att: 3 RR vol 1 Master Index 05 15-00599 CR& 05 15-00701 CR, | ||
Att: 4 RR vol 2 Admonishment 05 15-00599 CR& 05 15-00701 CR, | ||
Att: 5 RR vol 3 Admonishment 05 15-00599 CR& 05 15-00701 CR, | ||
Att: 6 Misc Doc, | ||
Att: 7 Clerk's Record (part 1) F13-34020-Q, | ||
Att: 8 Clerk's Record (part 2) F13-34020-Q, | ||
Att: 9 Clerk's Record F13-40858-Q, | ||
Att: 10 Clerk's Record F13-70914-Q, | ||
Att: 11 Clerk's Record F13-70920-Q, | ||
Att: 12 WR-84,531-01 ACTION TAKEN WRIT 3 2-2016 | ||
Att: 13 WR-84,531-01 WRIT RECEIVED WRIT 1 25-2016 | ||
Att: 14 WR-84,531-02 ACTION TAKEN WRIT 3 2-2016 | ||
Att: 15 WR-84,531-02 WRIT RECEIVED WRIT 1 25-2016 | ||
Att: 16 WR-84,531-03 ACTION TAKEN OR-MAN 2 24-2016 | ||
Att: 17 WR-84,531-03 WRIT RECEIVED OR-MAN 2 10-2016 | ||
Att: 18 WR-84,531-04 ACTION TAKEN WRIT 4 6-2016 | ||
Att: 19 WR-84,531-04 MISC DOCUMENT RECD PRO SE 4 4-2016 | ||
Att: 20 WR-84,531-04 WRIT RECEIVED WRIT 3-18-2016 | ||
18 | 18
misc
Administrative Record
Wed 08/16 1:38 PM
Administrative Record consisting of State court papers filed by Lorie Davis-Director TDCJ-CID. (Wissinger, Jennifer) |
|
Att: 1 CR F13-14123-Q, 05 14-01115 CR, | ||
Att: 2 RR vol 1 Master Index 5 14-01115 CR & 5 14-01116 CR, | ||
Att: 3 RR vol 2 Pretrial Hearing 5 14-01115 CR & 5 14-01116 CR, | ||
Att: 4 RR vol 3 Bond Hearing 5 14-01115 CR & 5 14-01116 CR, | ||
Att: 5 RR vol 4 Bond Insufficiency Hearing 5 14-01115 CR & 5 14-01116 CR, | ||
Att: 6 RR vol 5 Pretrial Hearing 5 14-01115 CR & 5 14-01116 CR, | ||
Att: 7 RR vol 6 Voir Dire 5 14-01115 CR & 5 14-01116 CR, | ||
Att: 8 RR vol 7 Defense Mtn for Continuance 5 14-01115 CR & 5 14-01116 CR, | ||
Att: 9 RR vol 8 Pretrial Hearing 5 14-01115 CR & 5 14-01116 CR, | ||
Att: 10 RR vol 9 Voir Dire Examination 5 14-01115 CR & 5 14-01116 CR, | ||
Att: 11 RR vol 10 Trial on Merits 5 14-01115 CR & 5 14-01116 CR, | ||
Att: 12 RR vol 11 Punishment Phase 5 14-01115 CR & 5 14-01116 CR, | ||
Att: 13 RR vol 12 Punishment Phase 5 14-01115 CR & 5 14-01116 CR, | ||
Att: 14 RR vol 13 Exhibits (part 1) 5 14-01115 CR & 5 14-01116 CR, | ||
Att: 15 RR vol 13 Exhibits (part 2) 5 14-01115 CR & 5 14-01116 CR, | ||
Att: 16 RR vol 13 Exhibits (part 3) 5 14-01115 CR & 5 14-01116 CR, | ||
Att: 17 Appellant's Brief 5 14-01115 CR & 5 14-01116 CR, | ||
Att: 18 State's Brief 5 14-01115 CR & 5 14-01116 CR, | ||
Att: 19 Mandate, Opinion, Misc. Correspondence 5 14-01115 CR & 5 14-01116 CR, | ||
Att: 20 CR F13-30911-Q, 05 14-01116 CR | ||
Thursday, July 20, 2017 | ||
misc
Order Receipt
Thu 07/20 8:30 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:17. Thu Jul 20 08:30:37 CDT 2017 (crt) |
||
Wednesday, July 19, 2017 | ||
17 | 17
order
Order on Motion for Extension of Time to File Answer
Wed 07/19 8:50 AM
ORDER granting16 Motion for Extension of Time to File Answer. Lorie Davis-Director TDCJ-CID answer due 8/17/2017. (Ordered by Magistrate Judge David L. Horan on 7/19/2017) (epm) |
|
Tuesday, July 18, 2017 | ||
16 | 16
motion
Extension of Time to File Answer
Tue 07/18 2:50 PM
Second Motion for Extension of Time to File Answer with Brief in Support filed by Lorie Davis-Director TDCJ-CID with Brief/Memorandum in Support. (Wissinger, Jennifer) |
|
Monday, June 12, 2017 | ||
15 | 15
order
Order on Motion for Extension of Time to File Answer
Mon 06/12 3:59 PM
ORDER granting14 Motion for Extension of Time to File Answer re3 Petition for Writ of Habeas Corpus Lorie Davis-Director TDCJ-CID answer due 7/18/2017. (Ordered by Magistrate Judge David L. Horan on 6/12/2017) (svc) |
|
14 | 14
motion
Extension of Time to File Answer
Mon 06/12 10:50 AM
First Motion for Extension of Time to File Answer with Brief in Support filed by Lorie Davis-Director TDCJ-CID with Brief/Memorandum in Support. (Wissinger, Jennifer) |
|
Att: 1 Proposed Order | ||
misc
Order Receipt
Mon 06/12 3:59 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Mon Jun 12 15:59:50 CDT 2017 (crt) |
||
Thursday, May 11, 2017 | ||
13 | 13
notice
Notice of Attorney Appearance
Thu 05/11 9:33 AM
NOTICE of Attorney Appearance by Jennifer Louise Wissinger on behalf of Lorie Davis-Director TDCJ-CID. (Filer confirms contact info in ECF is current.) (Wissinger, Jennifer) |
|
Friday, May 05, 2017 | ||
12 | 12
notice
Notice of Change of Address
Fri 05/05 12:41 PM
NOTICE of Change of Address for Pro Se litigant Brian Wayne Drake. New address: TDCJ Daniel Unit, 938 South FM 1673, Snyder, TX 79549. (axm) |
|
Friday, April 21, 2017 | ||
11 | 11
order
Order Unfiling Pleading
Fri 04/21 10:50 AM
ORDER WITHDRAWING6 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Because the filing fee now has been paid, the 4/05/2017 Findings, Conclusions, and Recommendation of the Magistrate Judge is WITHDRAWN. (Ordered by Magistrate Judge David L. Horan on 4/21/2017) (twd) |
|
misc
Order Receipt
Fri 04/21 10:51 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Fri Apr 21 10:51:11 CDT 2017 (crt) |
||
Monday, April 17, 2017 | ||
notice
Notice (Other)
Mon 04/17 9:47 AM
Petition, supporting documents, if any, and Order(s) received by Office of the Attorney General of Texas: Laura L Haney received on 4/17/2017. (twd) |
||
Friday, April 14, 2017 | ||
10 | 10
service
Certificate of Service
Fri 04/14 12:01 PM
CERTIFICATE OF SERVICE re3 Petition for Writ of Habeas Corpus,4 NOTICE OF DEFICIENCY AND ORDER,6 FINDINGS, CONCLUSIONS, AND RECOMMENDATION,8 ORDER,9 ORDER TO SHOW CAUSE. (twd) |
|
9 | 9
order
Order to Show Cause/Order to Answer
Fri 04/14 11:48 AM
ORDER TO SHOW CAUSE AND 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. Respondent is directed to answer this application by 6/13/2017. (Ordered by Magistrate Judge David L. Horan on 4/14/2017) (twd) |
|
misc
Order Receipt
Fri 04/14 11:49 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Fri Apr 14 11:49:13 CDT 2017 (crt) |
||
misc
Order Receipt
Fri 04/14 12:21 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Fri Apr 14 12:21:53 CDT 2017 (crt) |
||
Thursday, April 13, 2017 | ||
8 | 8
order
Order on Motion for Hearing
Thu 04/13 10:59 AM
ORDER DENYING WITHOUT PREJUDICE7 MOTION FOR AN EVIDENTIARY HEARING. (Ordered by Magistrate Judge David L. Horan on 4/13/2017) (twd) |
|
misc
Order Receipt
Thu 04/13 10:59 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Thu Apr 13 10:59:42 CDT 2017 (crt) |
||
Wednesday, April 12, 2017 | ||
7 | 7
motion
Hearing
Wed 04/12 1:08 PM
Request for an Evidentiary Hearing with His Suggestions in Support filed by Brian Wayne Drake. |
|
Wednesday, April 05, 2017 | ||
6 | 6
motion
Findings and Recommendations
Wed 04/05 1:39 PM
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re:5 Motion for Leave to Proceed in forma pauperis filed by Brian Wayne Drake. (Ordered by Magistrate Judge David L. Horan on 4/5/2017) (aaa) |
|
misc
Order Receipt
Wed 04/05 1:40 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Wed Apr 5 13:40:24 CDT 2017 (crt) |
||
Tuesday, April 04, 2017 | ||
5 | 5
motion
Proceed In Forma Pauperis
Tue 04/04 3:47 PM
MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Brian Wayne Drake (svc) |
|
Wednesday, March 22, 2017 | ||
4 | 4
order
Order And Notice of Deficiency
Wed 03/22 2:08 PM
NOTICE OF DEFICIENCY AND ORDER: Brian Wayne Drake must address the following deficiency: A filing fee has not been paid nor has a request to proceed in forma pauperis 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 4/21/2017. (Ordered by Magistrate Judge David L. Horan on 3/22/2017) (ran) |
|
Att: 1 Application To Proceed In Forma Pauperis | ||
misc
Order Receipt
Wed 03/22 2:08 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Wed Mar 22 14:08:39 CDT 2017 (crt) |
||
Tuesday, March 21, 2017 | ||
3 | 3
cmp
Petition for Writ of Habeas Corpus
Tue 03/21 4:23 PM
PETITION for Writ of Habeas Corpus filed by Brian Wayne Drake. 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. (ran) |
|
2 | 2
notice
Notice and Instruction to Pro Se Party
Tue 03/21 4:22 PM
Notice and Instruction to Pro Se Party. (ran) |
|
1 | 1
qcref
Kinkeade
Tue 03/21 4:21 PM
New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Initiating documents received by mail. No prior sanctions found. (For court use only - links to the[LINK:national] and[LINK:circuit] indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (ran) |
|
misc
Order Receipt
Tue 03/21 4:22 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Tue Mar 21 16:22:52 CDT 2017 (crt) |