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05-638 - Jones v. Stephens, Director TDCJ-CID


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05-638 - Jones v. Stephens, Director TDCJ-CID
September 21, 2007
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Memorandum Opinion and Order granted 27 Motion to Dismiss Jones' Petition for Writ of Habeas Corpus as Time-Barred. See order for specifics. (Signed by Judge Terry R Means on 9/21/07) (dld)
September 10, 2008
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ORDER granting 35 Petitioner's Motion for Relief of Judgment...this Court's judgment dismissing habeas petition 29 is VACATED. Jones is permitted to file a brief in response to the State's motion to dismiss his habeas petition and answer to his petition 2627. Any such response shall be filed in this Court nlt Oct 24 2008. (Signed by Judge Terry R Means on 9/10/08) (wrb)
March 4, 2009
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MEMORANDUM OPINION AND ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORUPS... Respondent's motion to dismiss Jones's petition for writ of habeas corpus as time-barred under 28 USC 2244(d) is granted. Jones's request for an evidentiary hearing is denied. (Ordered by Judge Terry R Means on 3/4/2009) (krg)
August 15, 2013
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MEMORANDUM OPINION AND ORDER ON REMAND DISMISSING PETITION FOR WRIT OF HABEAS CORPUS... This Court has considered that there is a serious consequence to dismissing a federal habeas petition in a death-penalty case. Nevertheless, courts of equity must be governed by rules and precedents no less than the courts of law. Holland, 130 S. Ct. at 2563. Jones does not provide authority, and this Court has found none, holding that circumstances that do not prevent a timely filing can nevertheless justify equitable tolling. On the other hand, there is binding authority that the negligent miscalculation of the deadline is not grounds for equitable tollingeven in a death-penalty case. See Holland, 130 S. Ct. at 2564; Lawrence, 549 U.S. at 336. Further, Jones has not shown that he acted with reasonable diligence in attempting to file his habeas petition during the period he seeks to toll. Respondents motion to dismiss the petition for writ of habeas corpus as time-barred under 28 U.S.C. § 2244(d) is granted. See Order for further specifics. SIGNED August 15, 2013. (Ordered by Judge Terry R Means on 8/15/2013) (krg)
February 6, 2014
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Memorandum Opinion and Order Granting Petitioner's 103 Motion to Alter Judgment filed by Quintin Phillippe Jones re: 103 MOTION to Alter Judgment Under Fed.R.Civ.P. 59(e). This Court's judgment dismissing Jones's habeas petition is vacated. Clerk is directed to reopen these proceedings effective the date of this order. Jones shall file an amended petition not more than 90 days from the date of this order. Respondent shall answer the amended petition within 60 days of the date amended petition filed. Jones shall file any reply not more than 30 days after date the answer is filed. (Ordered by Judge Terry R Means on 2/6/2014) (ult)
May 30, 2014
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OPINION AND ORDER DENYING LEAVE TO PROCEED EX PARTE ON FUNDING APPLICATION denying 121 Motion for Leave to File filed by Quintin Phillippe Jones... The Clerk is instructed to UNFILE Joness sealed Opposed First Application for Funding [doc. 122]. Jones may refile the motion for leave to address a specific need for confidentiality or he may file a funding application in the regular, public course of court business. See Order for further specifics. (Ordered by Judge Terry R Means on 5/30/2014) (krg)
June 20, 2014
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OPINION AND ORDER DENYING MOTION FOR FUNDS denying 124 Motion... see Order for specifics. (Ordered by Judge Terry R Means on 6/20/2014) (krg)
January 13, 2016
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Memorandum Opinion and Order. Based on the foregoing, the Court DENIES Jones's petition for a writ of habeas corpus. In accordance with Federal Rule of Appellate Procedure 22(b) and 28 U.S.C. § 2253(c), the Court DENIES Jones a certificate of appealability because he has failed to make a substantial showing of the denial of a constitutional right. If Jones files a notice of appeal, he may proceed in forma pauperis on appeal. 18 U.S.C. § 3006A(7). (Ordered by Judge Terry R Means on 1/13/2016) (trt)