Sims v. Colson

Filing 129

ORDER to Supplement Record. Signed by Judge John T. Fowlkes, Jr on 7/19/2021. (Harris, Lisa)

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

VINCENT SIMS,
Petitioner,
vs.
TONY MAYS, Warden, Riverbend
Maximum Security Institution,
Respondent.

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No. 11-2946-JTF-cgc

ORDER DIRECTING RESPONDENT TO SUPPLEMENT
THE STATE COURT RECORD
On May 28, 2015, the Court directed Respondent to file:
the complete state court record relevant to this matter, including the complete trial
court record, the complete record on direct appeal, and the complete trial and
appellate court record in connection with any state petition for collateral relief
including, but not limited to, transcripts for all proceedings and rulings on any state
petition.
(ECF No. 42 at 2.) The notice of filing was required to include “a comprehensive index indicating
the precise location of each distinct part of the record.” (Id.) On July 13, 2015, Respondent filed
a Notice of Filing of the state court record in three parts with multiple attachments. (See ECF
Nos. 46-48.) On September 4, 2015, Respondent supplemented the state court record. (ECF No.
57.)
Since the filing of the last supplement, Sims has been engaged in additional state court
litigation related to his conviction and sentence, including but not limited to: (1) a motion to reopen
post-conviction petition proceedings based on Hall v. Fla., 572 U.S. 701 (2014), in 2015; (2) a

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2016 motion to reopen post-conviction proceedings based on Johnson v. United States, 576 U.S.
591 (2015), Obergefell v. Hodges, 576 U.S. 644 (2015), and Justice Breyer’s dissenting opinion
in Glossip v. Gross, 576 U.S. 863 (2015); (3) a motion to reopen post-conviction proceedings
based on Moore v. Texas, 137 S. Ct. 1039 (2017), filed in 2017; and (4) a declaratory judgment
action seeking to enjoin his execution. The state court record filed in these federal habeas
proceedings is incomplete.
Therefore, the Court DIRECTS Respondent to supplement the state court record within
sixty (60) days of the entry of this Order. The supplement shall be organized and appropriately
indexed, as required by Administrative Order 16-31.
IT IS SO ORDERED this 19th day of July 2021.

__s/John T. Fowlkes, Jr.

JOHN T. FOWLKES, JR.
UNITED STATES DISTRICT JUDGE

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