|
Date Filed
|
#
|
Docket Text
|
|
09/20/2011
|
74 |
Supplemental
REPLY filed by John David Battaglia re: 27 Petition for
Writ of Habeas Corpus. (axm) (Entered: 09/21/2011)
|
|
08/19/2011
|
73 |
Appellant's REPLY BRIEF by John David Battaglia. (Attachments: # 1 Exhibit(s) List of State Death Penalty
Mitigation Statutes) (Schmucker, Margaret) (Entered: 08/19/2011)
|
|
07/18/2011
|
|
***Clerk's Notice of delivery: (see NEF for
details) Docket No:72. Mon Jul 18 12:07:09 CDT 2011 (crt) (Entered:
07/18/2011)
|
|
07/18/2011
|
|
ORDER granting 71
Motion to Extend Time to File Reply to 37
Petition for Writ of Habeas Corpus. Reply due by 8/19/2011. (Ordered
by Magistrate Judge Jeff Kaplan on 7/18/2011) (skt) (Entered:
07/18/2011)
|
|
07/14/2011
|
|
Unopposed MOTION for Extension of Time to
File Response/Reply re: 51
Order on Motion to Extend Time, 66
Response to Habeas Petition filed by John David Battaglia with
Brief/Memorandum in Support. (Attachments: # 1
Proposed Order) (Schmucker, Margaret) (Entered: 07/14/2011)
|
|
07/06/2011
|
|
***CJA 30 Authorization to Pay Margaret Schmucker
in Death Penalty Proceedings. Amount: $ 913.33, Voucher #
110706000012. (Ordered by Judge Jane J Boyle on 6/29/2011) (skt)
(Entered: 07/07/2011)
|
|
06/16/2011
|
|
***Clerk's Notice of delivery: (see NEF for
details) Docket No:68, 69. Thu Jun 16 16:33:11 CDT 2011 (crt)
(Entered: 06/16/2011)
|
|
06/16/2011
|
|
ORDER: Petitioner's motion for a stay and
abeyance [Doc. #60] is denied w/out prejudice. (Ordered by Magistrate
Judge Jeff Kaplan on 6/16/2011) (vdf) (Entered: 06/16/2011)
|
|
06/16/2011
|
|
ORDER granting 65
Motion reinstate motion for stay and abeyance, vacating its May 27,
2011 order [Doc. #61]. Petitioner's supplemental application [Doc.
#62] is deemed timely filed. (Ordered by Magistrate Judge Jeff Kaplan
on 6/16/2011) (vdf) (Entered: 06/16/2011)
|
|
06/15/2011
|
|
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE
STATEMENT by Rick Thaler, Director TDCJ-CID. (Dryden, W) (Entered:
06/15/2011)
|
|
06/15/2011
|
|
RESPONSE to 27
Petition for Writ of Habeas Corpus,,, filed by Rick Thaler, Director
TDCJ-CID. (Attachments: # 1
Exhibit(s)) (Dryden, W) (Entered: 06/15/2011)
|
|
06/14/2011
|
|
MOTION to Remove Bar from Raising Additional
Claims in Pro Se Supplement to Original Filed Writ and Reinstate
Motion for Stay and Abeyance filed by John David Battaglia. (skt)
(Entered: 06/14/2011)
|
|
06/07/2011
|
|
Correspondence filed by John David Battaglia.
(mfw) (Entered: 06/08/2011)
|
|
06/06/2011
|
|
Status Request by John David Battaglia with
Deputy Clerk Response. (skt) (Entered: 06/06/2011)
|
|
05/27/2011
|
|
Supplemental Application for Writ of Habeas
Corpus by John David Battaglia. (twd) (Entered: 05/31/2011)
|
|
05/27/2011
|
|
***Clerk's Notice of delivery: (see NEF for
details) Docket No:61. Fri May 27 15:36:24 CDT 2011 (crt) (Entered:
05/27/2011)
|
|
05/27/2011
|
|
**VACATED PER ORDER DATED 6/16/11** ORDER denying
as moot 60
Motion to Stay. (Ordered by Magistrate Judge Jeff Kaplan on 5/27/2011)
(anf) (Entered: 05/27/2011)
|
|
05/19/2011
|
|
MOTION for Stay and Abeyance filed by John David
Battaglia. (twd) (Entered: 05/20/2011)
|
|
04/28/2011
|
|
***Clerk's Notice of delivery: (see NEF for
details) Docket No:59. Thu Apr 28 17:08:02 CDT 2011 (crt) (Entered:
04/28/2011)
|
|
04/28/2011
|
|
ORDER denying 58
Motion TO REQUEST COURT TO PROVIDE COPIES OF THE LOCAL RULE 83.2
MISCELLANEOUS AND SPECIAL ORDERS AND COPIES OF THE FORM FOR PETITIONS
UNDER 28 USC 2254 FOR WRIT OF HABEAS CORPUS AND FOR THE COURT TO WAIVE
THE CLERK'S COSTS TO PROVIDE THE COPIES (Ordered by Magistrate Judge
Jeff Kaplan on 4/28/2011) (vdf) (Entered: 04/28/2011)
|
|
04/28/2011
|
|
MOTION TO REQUEST COURT TO PROVIDE COPIES OF THE
LOCAL RULE 83.2 MISCELLANEOUS AND SPECIAL ORDERS AND COPIES OF THE
FORM FOR PETITIONS UNDER 28 USC 2254 FOR WRIT OF HABEAS CORPUS AND FOR
THE COURT TO WAIVE THE CLERK'S COSTS TO PROVIDE THE COPIES filed by
John David Battaglia (vdf) (Entered: 04/28/2011)
|
|
04/15/2011
|
|
***Clerk's Notice of delivery: (see NEF for
details) Docket No:57. Fri Apr 15 13:34:02 CDT 2011 (crt) (Entered:
04/15/2011)
|
|
04/15/2011
|
|
ORDER denying 56
Motion for Extension of Time to File a supplemental application for
writ of habeas corpus. No further motions for extension of time will
be entertained by the court. (Ordered by Magistrate Judge Jeff Kaplan
on 4/15/2011) (vdf) (Entered: 04/15/2011)
|
|
04/14/2011
|
|
MOTION to Extend Time to File Pro Se Supplemental
Application for Writ of Habeas Corpus Due to Exceptional Circumstances
filed by John David Battaglia. (tln) (Entered: 04/14/2011)
|
|
04/07/2011
|
|
***CJA 30 Authorization to Pay Margaret Schumuker
in Death Penalty Proceedings. Amount: $ 8689.29, Voucher #
110405000010. (Ordered by Judge Jane J Boyle on 3/25/2011) (ndt)
(Entered: 04/11/2011)
|
|
03/29/2011
|
|
Administrative Record consisting of State court
papers filed by Rick Thaler, Director TDCJ-CID. (4 boxes) (dnc)
(Entered: 03/30/2011)
|
|
03/21/2011
|
|
***Clerk's Notice of delivery: (see NEF for
details) Docket No:54. Re-mailed to Karyl Krug at address listed on
Doc #6 Mon Mar 21 14:12:01 CDT 2011 (crt) (Entered: 03/21/2011)
|
|
03/09/2011
|
|
***Clerk's Notice of delivery: (see NEF for
details) Docket No:54. Wed Mar 9 14:54:40 CST 2011 (crt) (Entered:
03/09/2011)
|
|
03/09/2011
|
|
ORDER: In a letter to the court dated 3/2/11,
petitioner complains that Texas prison officials have denied him
access to law library books, etc. The court will not intervene in this
dispute as requested by petitioner. (Ordered by Magistrate Judge Jeff
Kaplan on 3/9/2011) (vdf) (Entered: 03/09/2011)
|
|
03/09/2011
|
|
***Clerk's Notice of delivery: (see NEF for
details) Docket No:53. Wed Mar 9 13:47:13 CST 2011 (crt) (Entered:
03/09/2011)
|
|
03/09/2011
|
|
ORDER: The Respondent's 45
Objection is OVERRULED and the briefing schedule described in the
Order remains in place. (Ordered by Judge Jane J Boyle on 3/9/2011)
(dnc) (Entered: 03/09/2011)
|
|
03/08/2011
|
|
MOTION to Order Respondent to Return Law Books
and Provide Access to TDCJ Law Library Holding List filed by John
David Battaglia. (twd) (Entered: 03/09/2011)
|
|
02/28/2011
|
|
***Clerk's Notice of delivery: (see NEF for
details) Docket No:51. Mon Feb 28 09:35:28 CST 2011 (crt) (Entered:
02/28/2011)
|
|
02/25/2011
|
|
ORDER granting in part 50
Motion to Extend Time. The deadline for petitioner to file a pro se
supplemental application for writ of habeas corpus is extended to
5/16/2011. The deadline for respondent to answer or otherwise plead is
extended to 6/16/2011. Counsel for petitioner shall file a reply to
respondent's answer by 7/22/2011. (See order for specifics) (Ordered
by Magistrate Judge Jeff Kaplan on 2/25/2011) (vdf) (Entered:
02/25/2011)
|
|
02/23/2011
|
|
MOTION to Extend Time for Amendment of Federal
Writ of Habeas Corpus filed by John David Battaglia. (axm) (Entered:
02/25/2011)
|
|
02/23/2011
|
|
Response to 45
Objection filed by John David Battaglia. (axm) Modified on 2/25/2011
(gmg). (Entered: 02/25/2011)
|
|
02/10/2011
|
|
OBJECTION filed by Rick Thaler, Director TDCJ-CID
re: 44
Order on Motion for Miscellaneous Relief, Order on Motion to
Amend/Correct,, (Dryden, W) (Entered: 02/10/2011)
|
|
02/04/2011
|
|
Answer deadline reset to 4/18/11 per Document 44
(gmg) (Entered: 02/07/2011)
|
|
02/03/2011
|
|
ORDER granting in part 38
Motion for Self Representation and 39
Motion to Amend Petition. The court vacates the February 7, 2011
deadline for respondent to answer or otherwise plead. Respondent shall
file an answer or otherwise plead by April 18, 2011. Petitioner may
file a pro se supplemental application for writ of habeas corpus,
raising any additional grounds for relief he deems appropriate, by
March 18, 2011. (Ordered by Magistrate Judge Jeff Kaplan on 2/3/2011)
(gmg) (Entered: 02/04/2011)
|
|
01/28/2011
|
|
REPLY filed by Rick Thaler, Director TDCJ-CID re:
41 Order,
Set/Reset Motion and F&R Deadlines, Terminate Motions (Dryden, W)
(Entered: 01/28/2011)
|
|
01/19/2011
|
|
ORDER as to 38
Motion for Self Representation, 39
Motion to Amend the Federal Petition. Responses due by 1/31/2011.
MOTION for Status Hearing 40
is denied. (see order) (Ordered by Magistrate Judge Jeff Kaplan on
1/19/2011) (tln) (Entered: 01/20/2011)
|
|
01/18/2011
|
|
MOTION for a Status Hearing filed by John David
Battaglia. (mpw) (Entered: 01/19/2011)
|
|
01/18/2011
|
|
MOTION to Amend 27
Federal Petition and File on Unresolved and Newly Discovered Appeal
Facts Not Included in Filed Writ filed by John David Battaglia. (mpw)
(Entered: 01/19/2011)
|
|
01/18/2011
|
|
MOTION for Self Representation filed by John
David Battaglia. (mpw) (Entered: 01/19/2011)
|
|
11/18/2010
|
|
***CJA 30 Authorization to Pay Margaret Schmucker
in Death Penalty Proceedings. Amount: $12,290.82, Voucher #
101118000001. (Ordered by Judge Jane J. Boyle on 11/17/2010) (mfw)
(Entered: 11/19/2010)
|
|
11/17/2010
|
|
ORDER granting 35
Motion for Extension of Time to File Answer. Rick Thaler, Director
TDCJ-CID answer due 2/07/2011. Petitioner may file a reply by
3/09/2011. (see order.) (Ordered by Magistrate Judge Jeff Kaplan on
11/17/2010) (twd) (Entered: 11/17/2010)
|
|
11/16/2010
|
|
Motion for Extension of Time to File Answer filed
by Rick Thaler, Director TDCJ-CID (Dryden, W) (Entered: 11/16/2010)
|
|
11/02/2010
|
|
ORDER: The clerk has docketed petitioner's letter
as a motion for appointment of counsel. [See Doc. #32]. Because the
letter is addressed to the Supreme Court and seeks no relief from this
court, it should be docketed as "correspondence", not a
pending motion. (Ordered by Magistrate Judge Jeff Kaplan on 11/2/2010)
(mcr) (Entered: 11/02/2010)
|
|
11/01/2010
|
|
Correspondence filed by John David Battaglia.
(ykp) Modified on 11/2/2010 (axm). (Entered: 11/02/2010)
|
|
10/25/2010
|
|
***CJA 30 Authorization to Pay Margaret Schmucker
in Death Penalty Proceedings. Amount: $10,673.65, Voucher #
101025000003. (Ordered by Judge Jane J Boyle on 10/25/2010) (tln)
(Entered: 10/26/2010)
|
|
10/19/2010
|
|
Status Request by John David Battaglia with
Deputy Clerk Response. (mfw) (Entered: 10/19/2010)
|
|
09/24/2010
|
|
Electronic Service made to the Office of the
Attorney General of Texas re 27
Petition for Writ of Habeas Corpus, 28
Order to Show Cause. (twd) (Entered: 09/24/2010)
|
|
09/22/2010
|
|
Order to Show Cause, Notice, and Instructions to
Parties: Respondent is directed to answer the petition within sixty
(60) days of the date of this order. Applicant may file a reply,
provided it is filed with the Clerk not more than thirty (30) days
after the date of the certificate of service shown on the answer or
other pleading. (see order) (Ordered by Magistrate Judge Jeff Kaplan
on 9/22/2010) (mpw) (Entered: 09/24/2010)
|
|
09/22/2010
|
|
PETITION for Writ of Habeas Corpus filed by John
David Battaglia. In each Notice of Electronic Filing, the judge
assignment is indicated, and a link to the Judges
Copy Requirements is provided. The court reminds the filer that
any required copy of this and future documents must be delivered to
the judge, in the manner prescribed, within three business days of
filing. Unless exempted, attorneys who are not admitted to practice in
the Northern District of Texas should seek admission promptly. Forms
and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney
Information - Bar Membership (Attachments: # 1
Supporting Brief) (Schmucker, Margaret) (Entered: 09/22/2010)
|
|
09/16/2010
|
|
Correspondence filed by John David Battaglia.
(tln) (Entered: 09/20/2010)
|
|
09/14/2010
|
|
ORDER re 24
Notice of Conflict of Interest and Conflict with Appointed Council.
Petitioner's request is denied. (see order) (Ordered by Magistrate
Judge Jeff Kaplan on 9/14/2010) (axm) (Entered: 09/15/2010)
|
|
08/27/2010
|
|
NOTICE OF CONFLICT OF INTEREST AND CONFLICT with
APPOINTED COUNCIL filed by John David Battaglia. (skt) (Entered:
08/27/2010)
|
|
07/23/2010
|
|
AGREED DISCOVERY ORDER: Pursuant to the parties'
agreement, the Office of the Attorney General and the Dallas County
District Attorney's Office have agreed to permit Margaret Schmucker,
petitioner's attorney of record in this writ proceeding, to review the
trial files of this cause, including information protected from
disclosure by statutory or constitutional law. (See order for
specifics). (Ordered by Magistrate Judge Jeff Kaplan on 7/23/2010)
(chmb) (Entered: 07/23/2010)
|
|
07/22/2010
|
|
***UNFILED per Discovery Order***Proposal for
contents of scheduling and discovery order by Rick Thaler, Director
TDCJ-CID. (Dryden, W) Modified on 7/23/2010 (caw). (Entered:
07/22/2010)
|
|
05/14/2010
|
|
***CJA 30 Authorization to Pay Margaret Schmucker
in Death Penalty Proceedings. Amount: $12,035.53, Voucher #
10051000004. (Ordered by Judge Jane J Boyle on 5/12/2010) (caw)
(Entered: 05/20/2010)
|
|
05/04/2010
|
|
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE
STATEMENT by Rick Thaler, Director TDCJ-CID. (Dryden, W) (Entered:
05/04/2010)
|
|
05/04/2010
|
|
RESPONSE filed by Rick Thaler, Director TDCJ-CID
re: 11
MOTION for Leave to File Ex Parte Application for Expert Assistance
(Dryden, W) (Entered: 05/04/2010)
|
|
04/21/2010
|
|
ORDER denying 14
Letter Request to Substitute Counsel and denying as unnecessary 17
Motion for Authorization to File an Ex Parte Response. (See Order)
(Ordered by Magistrate Judge Jeff Kaplan on 4/21/2010) (skt) (Entered:
04/22/2010)
|
|
04/21/2010
|
|
Unopposed MOTION for Leave to File Ex Parte
Response Under Seal filed by John David Battaglia (Attachments: # 1
Proposed Order) (Schmucker, Margaret) (Entered: 04/21/2010)
|
|
04/19/2010
|
|
NOTICE OF CONFLICT OF INTEREST & CONFLICT
WITH APPOINTED COUNSEL filed by John David Battaglia. (klm) (Entered:
04/21/2010)
|
|
04/14/2010
|
|
NOTICE of Attorney Appearance by W Erich Dryden
on behalf of Rick Thaler, Director TDCJ-CID. (Dryden, W) (Entered:
04/14/2010)
|
|
04/14/2010
|
|
MOTION for Leave to File Ex Parte Application for
Expert Assistance filed by John David Battaglia with Brief/Memorandum
in Support. (Attachments: # 1
Text of Proposed Order) (Schmucker, Margaret) (Entered: 04/14/2010)
|
|
12/31/2009
|
|
ORDER denying as unnecessary 9
Motion for Leave to Proceed in forma pauperis. (Ordered by Magistrate
Judge Jeff Kaplan on 12/31/2009) (mfw) (Entered: 12/31/2009)
|
|
12/29/2009
|
|
MOTION for Leave to Proceed in forma pauperis
with certificate of trust account filed by John David Battaglia (svc)
(Entered: 12/30/2009)
|
|
12/10/2009
|
|
RESPONSE filed by John David Battaglia re: 4
Order on Motion to Appoint Counsel. (rrr) (Entered: 12/11/2009)
|
|
12/09/2009
|
|
Receipt of payment for Filing Fee $5.00; Receipt
# fw010119. (rrr) (Entered: 12/11/2009)
|
|
11/23/2009
|
|
ORDER REFERRING CASE to Magistrate Judge Jeff
Kaplan. Motion(s) referred to Magistrate Judge Jeff Kaplan. (Ordered
by Judge Jane J Boyle on 11/23/2009) (mfw) (Entered: 11/24/2009)
|
|
11/17/2009
|
|
E-Mail re: 4
Order on Motion to Appoint Counsel, bounced back on 11/17/2009 from
law.lovers@airmail.net. Corrective action taken: Faxed NEF and Order.
(drh) (Entered: 11/17/2009)
|
|
11/16/2009
|
|
CJA 30 Appointment of Attorney Karyl Krug for
John David Battaglia in Death Penalty Proceedings. Attorney notified
and Appointment Packet mailed. (Ordered by Magistrate Judge Paul D
Stickney on 11/16/2009) (axm) (Entered: 11/18/2009)
|
|
11/16/2009
|
|
CJA 30 Appointment of Attorney Margaret Schmucker
for John David Battaglia in Death Penalty Proceedings. Attorney
notified and Appointment Packet mailed. (Ordered by Magistrate Judge
Paul D Stickney on 11/16/2009) (axm) (Entered: 11/18/2009)
|
|
11/16/2009
|
|
ORDER: IT IS ORDERED that Petitioner's Motion for
Appointment of Counsel(Docs. #1 and #2) should be conditionally
GRANTED, that Margaret Schmucker be appointed as lead counsel to
represent Petitioner in this cause, and Karyl Krug be appointed as
co-counsel to assist lead counsel in this cause, conditioned upon the
satisfaction of the filing-fee requirement in this proceeding within
30 days of the date of this order, requiring Petitioner to either pay
the $5.00 filing fee or make a fully sufficient showing of IFP status
in accordance with the rules of this Court by that time. If such
requirement is not met, this appointment will be terminated and the
provisions for appointment of counsel shall not apply. (Ordered by
Magistrate Judge Paul D Stickney on 11/16/2009) (mfw) (Entered:
11/17/2009)
|
|
11/16/2009
|
|
E-Mail re: 3
Order, bounced back on 11/13/2009 from law.lovers@airmail.net.
Corrective action taken: faxed nef and order. (drh) (Entered:
11/16/2009)
|
|
11/12/2009
|
|
ORDER DIRECTING PAYMENT OF FILING FEE:
Petitioner's motions for appointment of counsel (docs. #1and #2) be,
and they are hereby, HELD IN ABEYANCE and will be ordered unfiled upon
the expiration of 30 days from the date of this order unless
Petitioner has paid the $5.00 filing fee or made a fully sufficient
showing of IFP status in accordance with the rules of this Court by
that time. (See Order) (Ordered by Magistrate Judge Paul D Stickney on
11/12/2009) (skt) (Entered: 11/13/2009)
|
|
10/26/2009
|
|
MOTION to Appoint Counsel, MOTION for Leave to
Proceed in forma pauperis filed by John David Battaglia. (dnc)
(Entered: 10/27/2009)
|
|
10/08/2009
|
|
MOTION to Appoint Counsel and for Leave to
Proceed in forma pauperis filed by John David Battaglia. (skt)
(Entered: 10/09/2009)
|