Bush v. The State of Texas
| Texas Northern District Court | |
| Judge: | Terry R Means |
| Case #: | 4:20-cv-01227 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Oct 22, 2020 |
| Terminated: | May 24, 2021 |
| Last checked: Friday Nov 13, 2020 9:03 PM CST |
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Petitioner
Kolton Joe Bailey Bush
#2298697 TDCJ Robertson Unit 12071 FM 3522
Abilene, TX 79601 |
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Respondent
The State of Texas
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GPO
May 24 2021
OPINION AND ORDER... Petitioner did not respond to Respondents answer and, even assuming an actual-innocence claim applies in a guilty-plea context, he does not make an assertion of actual innocence. Accordingly, absent any applicable tolling, Petitioners federal petition as to ground three was due on or before April 28, 2017. His original petition deemed filed on October 16, 2020, is therefore untimely. For the reasons discussed, Petitioners petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED for failure to exhaust as to grounds one and two and as time barred as to ground three. Therefore, a certificate of appealability should not issue. (Ordered by Senior Judge Terry R Means on 5/24/2021) (wxc) |
| Docket last updated: 6 hours ago |
| Friday, May 13, 2022 | ||
| 22 | 22
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pgs
order
Order Unfiling Pleading
Fri 05/13 11:11 AM
Order Unfiling21 MOTION to Extend Time filed by Kolton Joe Bailey Bush due to the following deficiency: Case closed -- § 2254 Petition Dismissed by Order and Final Judgment entered on May 24, 2021. ECF Nos.16 and17 . (Ordered by Senior Judge Terry R Means on 5/13/2022) (wxc) |
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misc
Order Receipt
Fri 05/13 11:12 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:22. Fri May 13 11:12:07 CDT 2022 (crt) |
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| Monday, May 09, 2022 | ||
| 21 | 21
motion
Extension of Time
Wed 05/11 8:58 AM
Request 2254 Not Be Time-Barred filed by Kolton Joe Bailey Bush. (bdb) |
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| Monday, January 24, 2022 | ||
| 20 | 20
misc
Public Correspondence Received
Mon 01/24 4:20 PM
Public correspondence received from Kolton Joe Bailey Bush. (Courtesy copy of10 and blank 2254 form) (wxc) |
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| Tuesday, November 09, 2021 | ||
| 19 | 19
1
pgs
order
Order on Motion to Substitute Attorney
Tue 11/09 3:06 PM
ORDER: On the18 motion of Respondent, Assistant Attorney General Katie Abell is substituted for Eran Sharon as lead counsel for Respondent. (Ordered by Senior Judge Terry R Means on 11/9/2021) (bdb) |
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misc
Order Receipt
Tue 11/09 3:07 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:19. Tue Nov 9 15:07:51 CST 2021 (crt) |
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| Monday, November 08, 2021 | ||
| 18 | 18
motion
Substitute Attorney
Mon 11/08 12:49 PM
MOTION to Substitute Attorney, with Brief in Support added attorney Katherine Davis Abell,Katherine Davis Abell for Bobby Lumpkin. Motion filed by Bobby Lumpkin with Brief/Memorandum in Support.Attorney Katherine Davis Abell added to party Bobby Lumpkin(pty:res) (Abell, Katherine) |
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Att: 1
Proposed Order
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| Monday, May 24, 2021 | ||
| 17 | 17
order
Judgment
Mon 05/24 4:25 PM
FINAL JUDGMENT... In accordance with its opinion and order signed this day, the Court dismisses the petition of Kolton Joe Bailey Bush under 28 U.S.C. § 2254 in the above-captioned action in part for failure to exhaust and in part as time barred. (Ordered by Senior Judge Terry R Means on 5/24/2021) (wxc) |
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| 16 | 16
8
pgs
order
Memorandum Opinion and Order
Mon 05/24 4:23 PM
OPINION AND ORDER... Petitioner did not respond to Respondents answer and, even assuming an actual-innocence claim applies in a guilty-plea context, he does not make an assertion of actual innocence. Accordingly, absent any applicable tolling, Petitioners federal petition as to ground three was due on or before April 28, 2017. His original petition deemed filed on October 16, 2020, is therefore untimely. For the reasons discussed, Petitioners petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED for failure to exhaust as to grounds one and two and as time barred as to ground three. Therefore, a certificate of appealability should not issue. (Ordered by Senior Judge Terry R Means on 5/24/2021) (wxc) |
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misc
Order Receipt
Mon 05/24 4:26 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:16,17. Mon May 24 16:26:18 CDT 2021 (crt) |
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| Monday, March 08, 2021 | ||
| 15 | 15
misc
Certificate Of Interested Persons/Disclosure Statement
Mon 03/08 4:27 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bobby Lumpkin. (Sharon, Eran) |
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| 14 | 14
answer
Response to Habeas Petition
Mon 03/08 4:18 PM
RESPONSE to10 Petition for Writ of Habeas Corpus,, filed by Bobby Lumpkin.Attorney Eran Shemuel Sharon added to party Bobby Lumpkin(pty:res) (Sharon, Eran) |
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Att: 1
Exhibit(s) A
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| Wednesday, January 20, 2021 | ||
| 13 | 13
notice
Notice of Attorney Appearance
Wed 01/20 3:08 PM
NOTICE of Attorney Appearance by Eran Shemuel Sharon on behalf of Bobby Lumpkin. (Filer confirms contact info in ECF is current.) (Sharon, Eran) |
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| Monday, January 11, 2021 | ||
| 12 | 12
service
Certificate of Service
Tue 01/12 1:10 PM
Acknowledgment of Electronic Service by Director, TDCJ-CID (wxc) |
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| Friday, January 08, 2021 | ||
| 11 | 11
2
pgs
order
Order to Show Cause/Order to Answer
Fri 01/08 4:58 PM
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. Deadline to reply to the answer is 30 days. (Ordered by Senior Judge Terry R Means on 1/8/2021) (wxc) |
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misc
Order Receipt
Fri 01/08 4:58 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Fri Jan 8 16:58:28 CST 2021 (crt) |
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| Wednesday, December 23, 2020 | ||
| 10 | 10
cmp
Petition for Writ of Habeas Corpus
Wed 12/23 3:58 PM
PETITION for Writ of Habeas Corpus filed by Kolton Joe Bailey Bush. (Filing fee $5.00; receipt number FW035558) 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. (npk) |
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| Tuesday, November 24, 2020 | ||
| 9 | 9
1
pgs
order
Order And Notice of Deficiency
Tue 11/24 2:20 PM
Order and Notice of Deficiency: Kolton Joe Bailey Bush must address the following deficiency: The $5.00 filing fee for habeas-corpus petitions has not been paid nor has an application to proceed in forma pauperis and certificate of inmate trust account been submitted. A form 2254 petition for a writ of habeas corpus has not been filed. 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 Senior Judge Terry R Means on 11/24/2020) (wxc) |
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Att: 1
Prisoner IFP Form with CTA,
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Att: 2
2254 form
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misc
Order Receipt
Tue 11/24 2:22 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Tue Nov 24 14:22:39 CST 2020 (crt) |
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| Thursday, November 12, 2020 | ||
| 8 | 8
notice
Notice and Instruction to Pro Se Party
Thu 11/12 10:55 AM
Notice and Instruction to Pro Se Party. (tln) |
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| 7 | 7
qcref
Means
Thu 11/12 10:55 AM
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: If the last digit of this case is a 0 route file to staff attorney ARH. If the last digit is a 1-9, route 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. (tln) |
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utility
Case Transferred In - Divisional Transfer (Public Entry)
Thu 11/12 10:41 AM
New case number 4:20-cv-1227-Y; Bush v. The State of Texas has been opened following the order of transfer entered in case number 3:20-cv-3219-S-BN. Future filings should be made in the FORT WORTH division and reflect the new case number as indicated. Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (cea) |
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misc
Order Receipt
Thu 11/12 10:56 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:7,8. Thu Nov 12 10:56:52 CST 2020 (crt) |
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| Tuesday, November 10, 2020 | ||
| 6 | 6
RESPONSE filed by Kolton Joe Bailey Bush re:4 Order Transferring to Another Division. (mjr)
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| Thursday, November 05, 2020 | ||
| 5 | 5
Public correspondence filed, deputy clerk response attached, received from Kolton Joe Bailey Bush. (mjr)
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| Wednesday, October 28, 2020 | ||
| 4 | 4
ORDER TRANSFERRING CASE to the Fort Worth Division of the Northern District of Texas. This action will be transferred to the Fort Worth Division of the Northern District of Texas on 11/18/2020 to allow any party to file an objection to the presiding district judge within 14 days after being served with a copy of this order. (Ordered by Magistrate Judge David L. Horan on 10/28/2020) (jmg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Wed Oct 28 13:45:04 CDT 2020 (crt) | ||
| Thursday, October 22, 2020 | ||
| 3 | 3
COMPLAINT against The State of Texas filed by Kolton Joe Bailey Bush. 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. (jmg)
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| 2 | 2
Notice and Instruction to Pro Se Party. (jmg)
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| 1 | 1
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. (jmg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Thu Oct 22 15:54:17 CDT 2020 (crt) | ||