Mullis v. Davis

Filing 108

ORDER. The Clerk will enter this Order and send copies to the attorneys of records. Dr. Timothy James Proctor and Travis James Mullis. (Signed by Judge George C Hanks, Jr) Parties notified.(ltrevino, 3)

United States District Court
Southern District of Texas

ENTERED
September 24, 2018

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION

David J. Bradley, Clerk

`
TRAVIS JAMES MULLIS,

§
§
Petitioner,
§
§
v.
§ CIVIL ACTION NO. G-13-121
§
LORIE DAVIS, Director, Texas Department §
of Criminal Justice, Correctional Institutions §
Division,
§
§
Respondent.
§
ORDER
On July 23, 2018, Mullis filed a Pro-Se Motion to Waive Appeals and Terminate
Counsel. (Docket Entry No. 105). In a telephonic hearing held on September 12, 2018,
the Court questioned Mullis and found that it is appropriate to begin the process
necessary to determine his competency to waive federal review and dismiss his attorneys.
The Court therefore, ORDERS that Mullis be examined by:
Dr. Timothy James Proctor
11882 Greenville Avenue, Suite 107
Dallas, Texas 75243
[phone] (Telephone)
[phone] (Fax)
Dr. Proctor will determine whether Mullis is competent to waive federal habeas
review, evaluating “whether he has capacity to appreciate his position and make a
rational choice with respect to continuing or abandoning further litigation or on the other
hand whether he is suffering from a mental disease, disorder, or defect which may

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substantially affect his capacity in the premises.” Lopez v. Stephens, 783 F.3d 524, 525
(5th Cir. 2015)
The Court ORDERS that the warden of the Polunsky Unit, or whosoever may
have custody of Mullis, shall permit Dr. Proctor to visit and examine Mullis for the
purpose of this competency evaluation.
The Court ORDERS the parties to provide Dr. Proctor any necessary records.
Dr. Proctor shall, within a reasonable time of conducting the examination
discussed above, provide all parties and the Court with a written report describing his
findings upon examination of Mullis.
A court-appointed expert “is entitled to a reasonable compensation.” FED. R.
EVID. 706(c). A district court may tax the “compensation of court appointed experts” as
costs pursuant to 28 U.S.C. § 1920(6). The Court assigns the cost for Dr. Proctor’s
evaluation to be shared equally between the parties. Dr. Proctor may bill each party for
half the cost of his services.
The Clerk will enter this Order and send copies to the attorneys of record, Dr.
Timothy James Proctor. and Travis James Mullis, TDCJ Number 999563, Allan B.
Polunsky Unit, 3872 FM 350 South, Livingston, TX 77351.
SIGNED at Galveston, Texas, this 24th day of September, 2018.
___________________________________
George C. Hanks Jr.
United States District Judge

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