Trevathan v. Cain
| Louisiana Eastern District Court | |
| Judge: | Kurt D Engelhardt |
| Referred: | Sally Shushan |
| Case #: | 2:15-cv-01009 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Mar 31, 2015 |
| Re-opened: | May 13, 2015 |
| Terminated: | Apr 11, 2016 |
Defendant
N. Burl Cain
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Plaintiff
Jesse Manual Trevathan Jr
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Respondent
Attorney General State of Louisiana
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GPO
Mar 01 2016
REPORT AND RECOMMENDATIONS re 6 Petition for Writ of Habeas Corpus (28:2254), 11 MOTION to Dismiss Pending Writ of Habeas Corpus. It is RECOMMENDED that the petitioner's application for habeas corpus relief be GRANTED, that his mandatory sentence of life imprisonment without the benefit of probation, parole or suspension of sentence be VACATED, and that the state court be ORDERED to resentence him in conformity with Miller v. Alabama, 132 S. Ct. 2455 (2012), within 90 days or, in the alternative, to release him from confinement. It is FURTHER RECOMMENDED that petitioner's "Motion to Dismiss Pending Writ of Habeas Corpus," Rec. Doc. 11, be DENIED AS MOOT. Objections to R&R due by 3/15/2016. Signed by Magistrate Judge Sally Shushan.(gec) |
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GPO
Apr 11 2016
ORDER ADOPTING REPORT AND RECOMMENDATIONS 12. Signed by Chief Judge Kurt D. Engelhardt on 4/11/2016.(mmm) |
| Docket last updated: 04/23/2024 11:59 PM CDT |
| Tuesday, August 30, 2016 | ||
| 17 | 17
order
Order
Tue 08/30 1:54 PM
ORDER - Before the Court is the petitioner's letter of July 18, 2016, suggesting that the state court did not resentence Mr. Trevathan in conformity with Miller v. Alabama 132 S. Ct. 2455 (2012), as this Court had ordered it to do. To the extent that Mr. Trevathan's letter can be construed, in the context of the present case, as a motion seeking review of the procedure applied by the sentencing court, IT IS ORDERED that the motion is DENIED, as stated within document. Signed by Chief Judge Kurt D. Engelhardt on 8/30/2016.(cbs) |
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| Thursday, July 21, 2016 | ||
| 16 | 16
misc
Letter
Thu 08/11 10:51 AM
Letter to the Court from Defendant Jesse Trevathan, dated 7/18/2016. (cbs) |
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| Monday, April 11, 2016 | ||
| 15 | 15
order
Certificate of Appealability Denied by USDC
Mon 04/11 2:57 PM
Certificate of Appealability Denied by USDC. Signed by Chief Judge Kurt D. Engelhardt on 4/11/2016.(mmm) |
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| 14 | 14
order
Judgment
Mon 04/11 2:55 PM
JUDGMENT entered in favor of Jesse Manual Trevathan, Jr against N. Burl Cain. Signed by Chief Judge Kurt D. Engelhardt on 4/11/2016. (cc: Plaintiff, All Counsel of Record, LA Atty.Gen.) (mmm) |
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| 13 | 13
order
Order Adopting Report and Recommendations
Mon 04/11 2:36 PM
ORDER ADOPTING REPORT AND RECOMMENDATIONS12 . Signed by Chief Judge Kurt D. Engelhardt on 4/11/2016.(mmm) |
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| Tuesday, March 01, 2016 | ||
| 12 | 12
order
Report and Recommendations
Tue 03/01 11:47 AM
REPORT AND RECOMMENDATIONS re6 Petition for Writ of Habeas Corpus (28:2254),11 MOTION to Dismiss Pending Writ of Habeas Corpus. It is RECOMMENDED that the petitioner's application for habeas corpus relief be GRANTED, that his mandatory sentence of life imprisonment without the benefit of probation, parole or suspension of sentence be VACATED, and that the state court be ORDERED to resentence him in conformity with Miller v. Alabama , 132 S. Ct. 2455 (2012), within 90 days or, in the alternative, to release him from confinement. It is FURTHER RECOMMENDED that petitioner's "Motion to Dismiss Pending Writ of Habeas Corpus," Rec. Doc. 11, be DENIED AS MOOT. Objections to R&R due by 3/15/2016. Signed by Magistrate Judge Sally Shushan.(gec) |
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| Tuesday, February 02, 2016 | ||
| 11 | 11
motion
Dismiss
Wed 02/03 1:32 PM
EXPARTE/CONSENT MOTION to Dismiss Pending Writ of Habeas Corpus by Jesse Manual Trevathan, Jr. Motion(s) referred to Sally Shushan.(mmm) |
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Att: 1
Proposed Order
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| Monday, June 15, 2015 | ||
| 10 | 10
answer
Answer to Complaint
Mon 06/15 3:41 PM
State's ANSWER to Complaint by Attorney General State of Louisiana.Attorney Marian Marcella Hamilton added to party Attorney General State of Louisiana(pty:res).(Hamilton, Marian) |
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| Thursday, May 21, 2015 | ||
| 9 | 9
discov
Return of Service (Non Summons & Complaint)
Fri 05/22 10:56 AM
Return of Service of Certified Mail Return Receipt H/C Response Order served on Clerk, 32nd JDC, Terrebonne Parish on 5/20/2015; LA A.G. on 5/20/2015(mmm) |
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| Wednesday, May 20, 2015 | ||
| 8 | 8
discov
Return of Service (Non Summons & Complaint)
Wed 05/20 4:23 PM
Return of Service of Certified Mail Return Receipt of H/C Response Order served on District Attorney on 5/19/2015(mmm) |
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| Monday, May 18, 2015 | ||
| 7 | 7
order
Habeas Corpus Response Order
Mon 05/18 12:17 PM
Habeas Corpus Response Order that Attorney General for the State of Louisiana and the District Attorney for Terrebonne Parish respond to the petition of Habeas Corpus within 30 days. Signed by Magistrate Judge Sally Shushan on 5/14/2015.(gec) |
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| Thursday, May 14, 2015 | ||
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misc
Filing Fee Payment - Writ of Habeas Corpus - 5 dollars
Thu 05/14 3:54 PM
Filing fee paid from Jesse Manual Trevathan, Jr re6 Petition for Writ of Habeas Corpus (28:2254) (Filing fee $ 5) (mmm) |
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| Wednesday, May 13, 2015 | ||
| 6 | 6
cmp
Petition for Writ of Habeas Corpus (28:2254)
Thu 05/14 3:53 PM
PETITION for Writ of Habeas Corpus (28:2254) (Filing fee $ 5) filed by Jesse Manual Trevathan, Jr.(mmm) |
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Att: 1
Complaint,
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Att: 2
Civil Cover Sheet
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| Tuesday, May 05, 2015 | ||
| 5 | 5
order
Order on Motion for Leave to Proceed In Forma Pauperis
Tue 05/05 10:46 AM
ORDERED that4 Motion for Leave to Proceed in forma pauperis DENIED; the party has sufficient funds to pay the filing fee. Signed by Magistrate Judge Sally Shushan. (gec) |
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| Friday, April 17, 2015 | ||
| 4 | 4
motion
Proceed In Forma Pauperis
Mon 04/20 4:13 PM
EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Jesse Manual Trevathan, Jr. Motion(s) referred to Sally Shushan. (mmm) |
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| Friday, April 10, 2015 | ||
| 3 | 3
cmp
Petition for Writ of Habeas Corpus (28:2254)
Fri 04/10 3:43 PM
DEFICIENT: PETITION for Writ of Habeas Corpus (28:2254) filed by Jesse Manual Trevathan, Jr.(mmm) |
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Att: 1
Complaint,
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Att: 2
Civil Cover Sheet
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| Wednesday, April 01, 2015 | ||
| 2 | 2
misc
1 - Notice of Deficient Filing
Wed 04/01 2:28 PM
NOTICE OF DEFICIENT ProSe COMPLAINT: re1 Petition for Writ of Habeas Corpus (28:2254). Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 4/22/2015. (mmm) |
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| Tuesday, March 31, 2015 | ||
| 1 | 1
cmp
Petition for Writ of Habeas Corpus (28:2254)
Wed 04/01 2:28 PM
DEFICIENT: PETITION for Writ of Habeas Corpus (28:2254) filed by Jesse Manual Trevathan, Jr.(mmm) |
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Att: 1
Civil Cover Sheet
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