Barnes v. Davis

Filing 7

ORDER. Respondent shall file an answer to the Petition (Dkt. 1), in compliance with Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts, no later than September 28, 2018. Respondent shall forward a copy of same to the petitioner.. (Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3)

United States District Court
Southern District of Texas

ENTERED
June 29, 2018

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
BERNARD KIRK BARNES,
TDCJ # 01952319,
Petitioner,
VS.
LORIE DAVIS,
Respondent.

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David J. Bradley, Clerk

CIVIL ACTION NO. 3:18-CV-0040

ORDER
Petitioner Bernard Kirk Barnes, an inmate in the custody of the Texas Department
of Criminal Justice–Correctional Institutions Division (“TDCJ”), has filed a federal
petition for habeas corpus. Barnes is proceeding pro se and in forma pauperis. After
reviewing all of the pleadings as required under 28 U.S.C. § 2241, et seq., and Rule 4 of
the Rules Governing Section 2254 Cases in the United States District Courts, the Court
ORDERS as follows:
1.

Respondent shall file an answer to the Petition (Dkt. 1), in compliance with

Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts,
no later than September 28, 2018. Respondent shall forward a copy of same to the
petitioner.
2.

If appropriate, the respondent’s answer shall contain: (a) a statement of the

authority by which petitioner is held, and if held under the judgment of any court(s) the

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name of such court(s) and the number and style of the case(s) in which same were
entered; (b) the offense(s) and sentence(s); (c) a specific response to each factual
allegation and legal contention with applicable authority; (d) a statement as to whether
petitioner has exhausted all state remedies, either by appeal or collateral attack; and (e) a
statement indicating what transcripts of pretrial, trial or plea, sentencing and postconviction proceedings are available (or which may later be available) and when they can
be furnished, and what proceedings have been recorded and not transcribed.
3.

In addition, the copy of respondent’s answer filed with the Court shall be

accompanied by the following documents relating to the conviction(s) of the state court
which petitioner attacks: (a) copies of the indictment(s), judgment(s), sentence(s), and
order(s) pursuant to which petitioner is being held; (b) if petitioner appealed from the
judgment of conviction or from an adverse judgment or order in a post-conviction
proceeding, a copy of the petitioner’s brief on appeal and a copy of the judgment(s) on
appeal, the statement of facts on appeal, the opinion(s) of the appellate courts or a
reference to where it or they may be found in the reports; (c) if petitioner has collaterally
attacked the judgment of conviction or order in a post-conviction proceeding, a copy of
petitioner’s application for collateral relief including all answers and judgments rendered
as a result; and (d) a copy of only such portions of the transcripts respondent considers
relevant for the proper resolution of this action.

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4.

Unless otherwise instructed by the Court, each party shall serve the other

party, or counsel, with a copy of every pleading, letter, or other document submitted for
consideration by the Court; service shall be by mail to the other party. Although the
petitioner is pro se, he must provide a copy of all future pleadings, motions, and
correspondence filed with the Court to respondent’s counsel.

Every pleading or

document filed with the Clerk of Court shall contain a signed certificate stating the date a
true and correct copy of the pleading or document was mailed and to whom mailed. Any
pleading or other document received by the Clerk which fails to include the certificate of
service will be returned to the submitting party. Failure to mail a copy of the pleadings as
certified by the certificate may subject the petitioner to sanctions by the Court. There will
be no direct communications with the U.S. District Judge or Magistrate Judge.
Communications must be submitted to the Clerk with copies to the other party.
5.

Whether the respondent elects to submit an answer or a dispositive motion

(i.e., a motion to dismiss or for summary judgment), the petitioner shall file any reply
within thirty (30) days of the date reflected on the certificate of service. If the petitioner
fails to comply on time, the Court may dismiss this case for want of prosecution pursuant
to Rule 41(b) of the Federal Rules of Civil Procedure.
6.

The Clerk shall electronically serve a copy of the Petition (Dkt. 1) and this

order upon (1) the Respondent, Lorie Davis, P.O. Box 99, Huntsville, Texas 77342-0099;
(2) the Attorney General of the State of Texas, Ken Paxton, Attention: Edward L.

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Marshall, Chief, Criminal Appeals Division (Mail Code 066), P.O. Box 12548, Capitol
Station, Austin, Texas 78711-2548, and (3) the Attorney General’s Docketing Clerk:
[e-mail].
The Clerk will provide copies of this order to the parties.
SIGNED at Galveston, Texas, this 28th day of June, 2018.
___________________________________
George C. Hanks Jr.
United States District Judge

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