Lewis v. Cain

Louisiana Western District Court
Judge:	Robert G James
Referred:	Patrick J Hanna
Case #:	6:16-cv-00615
Nature of Suit	530 Prisoner Petitions - Habeas Corpus - General
Cause	28:2254 Petition for Writ of Habeas Corpus (State)

Case Filed:	May 04, 2016
Terminated:	Oct 20, 2017

Docket
Parties

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Docket last updated: 04/03/2025 11:59 PM CDT

Monday, January 08, 2018
27		27 appeal USCA Judgment Mon 01/08 10:46 AM USCA JUDGMENT/MANDATE (certified copy) as to23 Notice of Appeal filed by Simon Lewis that the appeal is DISMISSED as of January 8, 2018, for want of prosecution. The appellant failed to timely file motion for certificate of appealability and brief in support. (USCA 17-30872 (crt,WalkerSld, B) Related: [-]
Tuesday, November 28, 2017
		appeal Appeal Record Certified to USCA Thu 11/30 4:24 PM ELECTRONICALLY CERTIFIED Record on Appeal to US Court of Appeals re23 Notice of Appeal is now available to Appellate Counsel via the 5th Circuit Court of Appeals website. See Instructions for Access and Use of the Electronic Record Download Feature of CM/ECF by clicking[LINK:here] . (USCA 17-30872 If you do not have access to the Electronic Download Feature of CM/ECF, please submit your request for the certified record on appeal to the District Court. (crt,WalkerSld, B) Related: [-]
Monday, November 13, 2017
26		26 misc Corrective Document Tue 11/14 1:32 PM CORRECTIVE DOCUMENT entitled Application to Proceed In Forma Pauperis on Appeal filed by Simon Lewis regarding24 MOTION to Proceed In Forma Pauperis on Appeal. (crt,WalkerSld, B) Related: [-]
Tuesday, November 07, 2017
		appeal ~Util - Set/Reset Appeal Deadlines Wed 11/08 7:58 AM Set Deadline for Clerk re23 Notice of Appeal: Certify Appeal Record 17-30872 by Clerk to COA 11/22/2017. (crt,WalkerSld, B) Related: [-]
Wednesday, November 01, 2017
25		25 notice Notice of Deficiency Wed 11/01 9:58 AM NOTICE of Deficiency to Simon Lewis regarding24 MOTION to Proceed In Forma Pauperis on Appeal. Reason: Not on proper form and does not include a certified copy of the applicants prison trust fund account showing at least the past six months transactions.(crt,WalkerSld, B) Related: [-]
		Att: 1 Application to Proceed In Forma Pauperis
Tuesday, October 31, 2017
24		24 motion Proceed In Forma Pauperis on Appeal Wed 11/01 9:38 AM DEFICIENT ? MOTION to Proceed In Forma Pauperis on Appeal by Simon Lewis. (crt,WalkerSld, B) Related: [-]
23		23 appeal Notice of Appeal Wed 11/01 9:36 AM NOTICE OF APPEAL as to21 Judgment Adopting Report and Recommendations by Simon Lewis. FEE STATUS: IFP GRANTED (crt,WalkerSld, B) Related: [-]
		utility Motions Transferred Wed 11/01 9:59 AM Motions Transferred regarding24 MOTION to Proceed In Forma Pauperis on Appeal. Motions referred to Judge Robert G James. (crt,WalkerSld, B) Related: [-]
Friday, October 20, 2017
22		22 order Certificate of Appealability Denied Mon 10/23 9:12 AM CERTIFICATE OF APPEALABILITY DENIED. Signed by Judge Robert G James on 10/20/2017. (crt,WalkerSld, B) Related: [-]
21		21 order Judgment Adopting Report and Recommendations Mon 10/23 8:25 AM JUDGMENT ADOPTING19 Report and Recommendation of the Magistrate Judge, Denying and Dismissing With Prejudice1 Petition for Writ of Habeas Corpus filed by Simon Lewis. Signed by Judge Robert G James on 10/20/2017. (crt,Crawford, A) Related: [-]
Friday, October 06, 2017
20		20 respoth Objection to Report and Recommendations Fri 10/06 4:37 PM OBJECTION to19 Report and Recommendations by Simon Lewis. Response to Objection to R&R due by 10/20/2017 (crt,Williams, L) Related: [-]
Monday, September 18, 2017
19		19 motion Report and Recommendations Mon 09/18 4:32 PM REPORT AND RECOMMENDATIONS re1 Petition for Writ of Habeas Corpus filed by Simon Lewis: IT IS RECOMMENDED THAT the instant application be DENIED and DISMISSED WITH PREJUDICE. Objections to R&R due by 10/2/2017. Signed by Magistrate Judge Patrick J Hanna on 9/18/2017. (crt,Williams, L) Related: [-]
Wednesday, May 24, 2017
18		18 misc Response (NOT Motions) Wed 05/24 4:36 PM PETITIONER'S RESPONSE AND INCORPORATED MEMORANDUM to17 Response to Habeas Petition, by Simon Lewis. (crt,ThomasSld, T) Related: [-]
Thursday, May 04, 2017
17		17 answer Response to Habeas Petition Thu 05/04 9:39 AM RESPONSE to1 Petition for Writ of Habeas Corpus by N Burl Cain.(Attorney J N Prather, Jr added to party N Burl Cain(pty:dft))(aty,Prather, J) Related: [-]
		Att: 1 Memorandum / Brief,
		Att: 2 Exhibit,
		Att: 3 Exhibit,
		Att: 4 Exhibit,
		Att: 5 Exhibit,
		Att: 6 Exhibit,
		Att: 7 Exhibit,
		Att: 8 Exhibit,
		Att: 9 Exhibit,
		Att: 10 Exhibit,
		Att: 11 Exhibit
Thursday, December 15, 2016
16		16 order Judgment Adopting Report and Recommendations Thu 12/15 4:52 PM JUDGMENT ADOPTING9 Report and Recommendation of the Magistrate Judge. IT IS ORDERED, ADJUDGED, AND DECREED that the Claims 1 - 4 of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. 2254 are hereby DENIED and DISMISSED WITH PREJUDICE as procedurally defaulted. Signed by Judge Robert G James on 12/15/16. (crt,DickersonSld, D) Related: [-]
Friday, November 04, 2016
15		15 service Acknowledgment of Service Mon 11/07 3:19 PM ACKNOWLEDGMENT OF SERVICE as to Lafayette Parish District Attorney. Served on 11/2/2016, answer due 12/12/2016. (crt,Haik, K) Related: [-]
Wednesday, November 02, 2016
14		14 respoth Objection to Report and Recommendations Thu 11/03 11:43 AM OBJECTION to9 Report and Recommendations by Simon Lewis. Response to Objection to R&R due by 11/16/2016(crt,Haik, K) Related: [-]
		Att: 1 Exhibits
Monday, October 31, 2016
13		13 service Acknowledgment of Service Thu 11/03 11:42 AM ACKNOWLEDGMENT OF SERVICE as to Louisiana Attorney General. Served on 10/27/2016, answer due 12/6/2016. (crt,Haik, K) Related: [-]
12		12 service Acknowledgment of Service Thu 11/03 11:40 AM ACKNOWLEDGMENT OF SERVICE as to Warden Louisiana State Penitentiary. Served on 10/27/2016, answer due 12/6/2016. (crt,Haik, K) Related: [-]
Wednesday, October 26, 2016
11		11 service Summons Issued as to Warden, DA, and LA Atty Gen Wed 10/26 11:37 AM SUMMONS ISSUED by certified mail as to N Burl Cain, with courtesy copies to LA Attorney General and Lafayette Parish District Attorney.(crt,Chicola, C) Related: [-]
		Att: 1 Certified Mail Receipts
Tuesday, October 25, 2016
10		10 order Sec P - Service Order Wed 10/26 10:49 AM MEMORANDUM ORDER directing clerk to prepare summons and serve by certified mail a copy of the petition and this order upon the specified parties. Signed by Magistrate Judge Patrick J Hanna on 10/25/2016. (crt,Chicola, C) Related: [-]
9		9 motion Report and Recommendations Tue 10/25 4:45 PM REPORT AND RECOMMENDATIONS re1 Petition for Writ of Habeas Corpus filed by Simon Lewis. IT IS RECOMMENDED that petitioner's first, second, third and fourth claims for relief, that the lower courts abused their discretion in denying petitioner's Writ of Review to the Louisiana Supreme Court because petitioner failed to attach records of the state's lower courts, that petitioner received ineffective assistance of counsel because defense counsel failed to advise petitioner of a plea offer, that petitioner received ineffective assistance of counsel because defense counsel failed to investigate and raise a proper defense and that petitioner was denied due process of law due to prosecutorial misconduct, respectively, be DENIED AND DISMISSED WITH PREJUDICE because these claims are procedurally defaulted. IT IS FURTHER RECOMMENDED that petitioner's fifth claim for relief, that there was juror misconduct, remain pending for further review. Objections to R&R due by 11/14/2016. Signed by Magistrate Judge Patrick J Hanna on 10/25/2016. (crt,Alexander, E) Related: [-]
Tuesday, August 30, 2016
8		8 misc Response (NOT Motions) Wed 08/31 10:49 AM RESPONSE by Simon Lewis re7 MEMORANDUM ORDER.(crt,Haik, K) Related: [-]
		Att: 1 Exhibits
Friday, July 29, 2016
7		7 order Sec P - Order Amend/ARP/Summons/Timely Mon 08/01 9:08 AM MEMORANDUM ORDER: Directing plaintiff to amend petition. Pro Se Response due by 9/7/2016. Signed by Magistrate Judge Patrick J Hanna on 7/29/2016. (crt,Haik, K) Related: [-]
Friday, May 27, 2016
6		6 order Order on Motion for Leave to Proceed In Forma Pauperis Fri 05/27 10:29 AM MEMORANDUM ORDER granting4 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Karen L Hayes on 5/27/16. (crt,Crawford, A) Related: [-]
Thursday, May 26, 2016
5		5 misc Proposed Order/Judgment (Court User Only/Public Entry No NEF) Thu 05/26 9:35 AM PROPOSED ORDER re4 Motion for Leave to Proceed in forma pauperis referred to Magistrate Judge Hanna. (Public entry, but no electronic notice). (crt,Haik, K) Related: [-]
Wednesday, May 25, 2016
4		4 motion Proceed In Forma Pauperis Thu 05/26 9:31 AM MOTION for Leave to Proceed in forma pauperis by Simon Lewis. Motions referred to Patrick J Hanna. (crt,Haik, K) Related: [-]
Tuesday, May 10, 2016
3		3 order Sec P - Deficiency Order Wed 05/11 10:18 AM MEMORANDUM ORDER: Plaintiff failed to submit filing fee or a completed IFP application. Pro Se Deadline to comply with deficiency set for 6/9/2016. Signed by Magistrate Judge Patrick J Hanna on 5/10/2016.(crt,Haik, K) Related: [-]
		Att: 1 IFP form
Monday, May 09, 2016
2		2 misc Proposed Order/Judgment (Court User Only/Public Entry No NEF) Mon 05/09 11:50 AM PROPOSED ORDER referred to Magistrate Judge Hanna. (Public entry, but no electronic notice). (crt,Thigpen, M) Related: [-]
Wednesday, May 04, 2016
1		1 cmp Petition for Writ of Habeas Corpus Thu 05/05 10:30 AM PETITION for Writ of Habeas Corpus filed by Simon Lewis.(crt,Keller, J) Related: [-]
		Att: 1 22 pgs Memorandum / Brief,
		Att: 2 Exhibit,
		Att: 3 Civil cover sheet,
		Att: 4 Envelope
		utility Case Assigned/Reassigned Mon 05/09 11:27 AM CASE Assigned to Judge Robert G James and Magistrate Judge Patrick J Hanna. (crt,Thigpen, M) Related: [-]

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