ORDER WITHDRAWING EXECUTION DATEAND RECALLING DEATH WARRANT

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DC BK12340 PG562

NO. 98-6140

THE STATE OF Tl~XAS IN THE 299TH DISTRICT COURT

v. OF

LOUIS CASTRO PEREZ TRAVIS COUNTY, TEXAS

ORDER WITHDRAWING EXECUTION DATE AND RECALLING DEATH WARRANT

On November 27, 2012, the Court issued an Execution Order and Death Wanant in the

above-captioned case setting the execution date of Louis Castro Perez for March 21, 2013. The

Court's action was based entirely on the representation of fue Assistant District Attomey in this

matter that all appeals and habeas proceedings bad been concluded. Since that time, the Comi

has leiti'ned that· Lobis Castro Perez has pending with the United States District Court for the

Western District of Texas a motion titled "Petitioner's Renewed Motion to Reopen Time to File

Noti~e of Appeal from March 27, 2012 Judgment or, Alternatively, Motion to Vacate and Enter

New Judgment or, Alternatively, Motion to Extend Time to File Notice of Appeal of July 3,

2012 Order" (Docket #78) in a case styled Perez v. Thaler, No. 1:09-cv-00081-LY. Had the

Court understood that this motion was pending, it would not have issued the Order or Warrant.

At this time, the pen-signed originals of the Death Warrant and Execution Order have not been

served on the Director of the Texas Department of Criminal Justice as required by Article 43.15

of the Code of Criminal Procedure.

All parties agree that, in light of this mistake, the Execution Order should be vacated, the

execution date should be withdrawn, and the Death Warrant recalled. Filed in The District Court .of Travis County, Texas

DEC 0 4 2012 At_·. IQ,'s::p' .I?M.~~~~~' Amalia Rodtiguc~:Mandoza, Clerk (I ~PGI \b

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DC BK12340 PG563

Further, the Court understands that Mr. Perez' counsel will be pursuing forensic DNA

testing and that additional proceedings will be necessary on a motion for such testing w1eler :.•- .

Chapter 64 of the Texas Code of Criminal Proceedings.

Accordingly, the Court hereby rescinds its November 27, 2012, Execution Order,

withdraws Louis Castro Perez's execution date of March 21, 2013, as set in the Execution Order,

and recalls the Death Warrant, issued November 27, 2012.

Pursuant. to Article II .071 of the Texas Code of Criminal Procedure, the Travis Cotmty

District Clerk is ditected to immediately forward to the Court of Criminal Appeals a copy of this

Order.

There is presently no outstanding order of this Court scheduling the execution of Louis

Castro Perez .. ,

·So ordered this 4111 day of December, 2012.

Travis County, Texas

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THE STATE OF TEXAS

vs.

LOUIS CASTRO PEREZ

NO. 98-6140

• • •

EXECUTION ORDER

IN THE 299m DISTRICT COURT

OF

TRAVIS COUNTY, TEXAS

This Court, having received the mandate from the Court of Criminal Appeals affirming

the defendant's conviction in the above numbered and styled cause, and having received notice

that the Court of Criminal Appeals has denied habeas corpus relief in the defendant's initial

petition for writ of habeas corpus, District Court cause no. 98-6140 and Court of Criminal

Appeals cause no. WR-56,440-01, hereby enters the following order:

IT IS HEREBY ORDERED that the Defendant, LOUIS CASTRO PEREZ, who has been

adjudged to be guilty of Capital Murder as charged in the indictment and whose punishment has

been assessed at death by the verdict of the jury and judgment of the Court, shall be kept in

custody by the Director of the Institutional Division ofthe Texas Department of Criminal Justice

at Huntsville, Texas until THURSDAY, THE 21ST DAY OF MARCH, A.D. 2013, upon which

day, at the Institutional Division of the Texas Department of Criminal Justice at Huntsville,

Texas, at some time after the hour of six o'clock p.m., in a room arranged for the purpose of

execution, the said Director, acting by and through the executioner designated by said Director as

provitted by law, is hereby COMMANDED, ORDERED, and DIRECTED to carry out this

sentence of death by intravenous injection of a substance or substances in a lethal quantity

sufficient to cause the death of the said LOUIS CASTRO PEREZ and until he is dead, such

procedure to be determined and supervised by the said Director of the Institutional Division of

the TexaS bep~rtmerit of CriMinal JUstice.

·.The Clerk of this Cmu:t shall and is hereby ORDERED to issue and deliver to the Sheriff

ofTravis· County, TeXas, a Death Warrant in accordance with this order, directed to the Director

ofihe Institutional Division-ofthe Texas Department of Criminal Justice at Huntsville, Texas,

Filed in The District Court of Travis County, Texas

NOV 2 7 2012 . At I I.',D.2 fl M.\ \liM ........ . ~~Ha Rodr1guez~endoza, Clerk C~

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commanding him, the said Director, to put into execution the judgment of death against the said

LOUIS CASTRO PEREZ.

The Sheriff of Travis County, Texas shall and is hereby ORDERED to, upon receipt of

said Death Warrant, deliver said Death Warrant to the Director of the Institutional Division of

the Texas Department of Criminal Justice, Huntsville, Texas.

SIGNED AND ENTERED this .f.rf'- day of November, 2012.

299 TH District Court

Travis County, Texas

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THE STATE OF TEXAS

vs.

LOUIS CASTRO PEREZ .

NO. 98-6140

• • •

DEATH WARRANT

IN THE 299TH DISTRICT COURT

OF

TRAVIS COUNTY, TEXAS

TO THE DIRECTOR OF THE INSTITUTIONAL DIVISION OF THE TEXAS ·., · · ·' :r·o

DEPARTMENTOF CRIMINAL JUSTICE AND TO THE SHERIFF OF TRAVIS COUNTY,

TEXAS:

On the 23"' day of September, A.D. 1999, the above-named defendant, in the above

styled and p.umbefed cause, was convicted of the offense of capital murder. On the 25th day of

September, A.D. 1999, the. Court sentenced the above-named defendant to death in accordance

with the findings oftlje jury pursuant to the Texas Code of Criminal Procedure.

The Court, having received the mandate of the Texas Court of Criminal Appeals dated

the 241h dey of June, A.D. 2002 affirming the above-named defendant's conviction for capital

murder and having received notice of the denial by the Texas Conrt of Criminal Appeals of the

defendant's initial application for writ of habeas corpus, dated the 8th day of October, A.D. 2008,

sentenced the above-nanted.defendant to death for the offense of capital murder and ORDERS . '

that the execution be had on THURSDAY, the 21" day of MARCH, A.D. 2013, at any time after

the hour of six o'clock p.m. at the Institutional Division of the Texas Department of Criminal

JuStice at Huntsville, Texas·.

The Sheriff of Travis County, Texas is hereby commanded to transport this death wan:ant

to the Institutional.Division of the Texas Department of Criminal Justice, the defendant having

already· been ihereto tninsported, and deliver this death warrant to the Director of the Institutional

Divlsion ofthe, Texas Department of Criminal Justice for the purpose of executing this wan·ant,

and to take from the Director the proper receipt for the death warrant, and the Sheriff will return

thc.recpjRfd;~tl%l:ti~tiRitiCI!il\ of Travis County, Texas. · of Travis County, Texas

NOV 2 7 2012 . .. . At · 1 r.o2:. - ,.;,qvw'().N\_ "~ ~"oo;> Amalia Rodnguez-Mend"'• Cieri< ~v

.. _,.

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The Director of the Institutional Division of the Texas Department of Criminal Justice is

hereby commanded to receive from the Sheriff this warrant, having already received the above

named defendant, and to give his receipt for this warrant to the Sheriff, and to safely keep the

above- named defendant and to execute the sentence of death at any time after the hour of six

o'clock p.m. on the 21 ''day of March, A.D. 2013, by causing a substance or substances in a

lethal quantity to be intravenously injected into the body of the defendant LOUIS CASTRO

PEREZ sufficient to cause deathj the said injection of the substance or substances into the body

of the said defendant to continue until the said defendant is dead, obeying all laws of the State of

Texas with reference to such execution.

2012.

day of November,

AMALIA RODRIGUEZ-MENDOZA

DISTRICT CLERK

5/10/13 CM/ECF LIVE - U.S. District Court:txwd

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?328570165822509-L_1_0-1 1/11

APPEAL,CAPITAL_HABEAS

U.S. District Court [LIVE]Western District of Texas (Austin)

CIVIL DOCKET FOR CASE #: 1:09-cv-00081-LY

Perez v. ThalerAssigned to: Judge Lee YeakelCase in other court: USCA Fifth Circuit, 13-70002

USCA Fifth Circuit, 13-70006299th District Court, Travis County, 98-06140

Cause: 28:2254 Petition for Writ of Habeas Corpus (State)

Date Filed: 02/02/2009Date Terminated: 03/27/2012Jury Demand: NoneNature of Suit: 535 Death Penalty -Habeas CorpusJurisdiction: Federal Question

PetitionerLouis Castro Perez represented by Alexander L. Calhoun

Law Office of Alexander L. Calhoun 4301 W. William Cannon Dr., Suite B - 150, # 260 Austin, TX 78749 (512) 731-3159 Fax: (512) 233-5946 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jani J. Maselli Attorney at Law 1201 Franklin Street 13th Floor Office 13039 Houston, TX 77002 713-256-7726 Fax: 713-437-4322 Email: [email protected] TERMINATED: 03/04/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marcy Hogan Greer Fulbright & Jaworski, L.L.P. 98 San Jacinto Blvd - Ste 1100 Austin, TX 78701-2878 (512)536-5246 Fax: 512/536-4598 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED



Mark Emery Fulbright & Jaworski LLP 801 Pennsylvania Ave. N.W. 5th Floor Washington, DC 20004 (202) 662-0210 Fax: (202) 662-4643 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sadaf Khan Law Office of Sadaf Khan PO Box 4777 Austin, TX 78765 (512) 799-3350 Email: [email protected] TERMINATED: 08/15/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan Franklin Fulbright & Jaworski L.L.P. 801 Pennsylvania Ave., N.W. Washington, DC 20004 (202) 662-0200 Fax: (202) 662-4643 Email: [email protected] ATTORNEY TO BE NOTICED

V.RespondentNathaniel Quarterman TERMINATED: 03/27/2012

represented by Thomas M. Jones Assistant Attorney General P.O. Box 12548 Capitol Station Austin, TX 78711 (512) 936-1400 Fax: 512/936-1280 Email: [email protected] TERMINATED: 03/27/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tina J. Miranda Office of the Attorney General Capital Litigation Division P.O. Box 12548, Capitol Station



Austin, TX 78711-2548 (512)936-1400 Fax: (512)320-8132 Email: [email protected] TERMINATED: 03/27/2012 ATTORNEY TO BE NOTICED

RespondentRick Thaler Director, Texas Department of CriminalJustice-Correctional Institutions Division

represented by Thomas M. Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tina J. Miranda (See above for address) ATTORNEY TO BE NOTICED

Date Filed # Docket Text

02/02/2009 1 MOTION to Proceed in forma pauperis for the purpose of 28 USC 2241 by LouisCastro Perez. (Attachments: # 1 Proposed Order, # 2 Civil Cover Sheet). Motionsreferred to Judge Andrew W. Austin. (klw, ) (Entered: 02/03/2009)

02/02/2009 2 MOTION to Appoint Counsel by Louis Castro Perez. (Attachments: # 1 ProposedOrder). Motions referred to Judge Andrew W. Austin. (klw, ) (Entered: 02/03/2009)

03/04/2009 3 ORDER re 2 MOTION to Appoint Counsel filed by Louis Castro Perez, Motionsterminated: granting 1 MOTION to Proceed in forma pauperis filed by Louis CastroPerez.. Signed by Judge Andrew W. Austin. (mc2, ) (Entered: 03/05/2009)

03/06/2009 4 RESPONSE to order to 3 Order, Terminate Motions by Louis Castro Perez.(Maselli, Jani) (Entered: 03/06/2009)

03/10/2009 5 ORDER GRANTING 2 Motion to Appoint Counsel Appointed Jani J. Maselli forLouis Castro Perez Signed by Judge Andrew W. Austin. (td) (Entered: 03/11/2009)

03/27/2009 6 ORDER that petitioner's counsel submit a proposed initial litigation budget by4/17/09, ex parte and under seal. Signed by Judge Andrew W. Austin. (mc2, )(Entered: 03/27/2009)

04/16/2009 7 SEALED MOTION Filed (Attachments: # 1 Sealed Document) (Maselli, Jani)Modified on 4/17/2009 to change submission from sealed document, (mc2).(Entered: 04/16/2009)

04/17/2009 Notice of Correction: re 7 Sealed Motion filed. This submission has been correctedfrom "Sealed Document." Please note additionally that a proposed order is requiredfor all motions and responses to motions pursuant to the Local Rules for the WesternDistrict of Texas. Please prepare and electronically submit a proposed order, againusing the "Sealed Document" event. (mc2, ) (Entered: 04/17/2009)

04/17/2009 8 Sealed proposed Order on motion for leave to File Sealed Document 7 . ReferralJudge: Andrew W. Austin. (Maselli, Jani) Modified on 4/17/2009 to correctdocument type (mc2, ). (Entered: 04/17/2009)

https://ecf.txwd.uscourts.gov/cgi-bin/show_doc.pl?add_padlock=0&caseid=345185&de_seq_num=9&dm_id=4310523&doc_num=1&pdf_header=1

https://ecf.txwd.uscourts.gov/doc1/18114406620



















04/20/2009 Text Order GRANTING 7 Sealed Motion entered by Judge Andrew W. Austin.(This is a text-only entry generated by the court. There is no document associatedwith this entry.) (ssw) (Entered: 04/20/2009)

04/20/2009 9 SEALED EX PARTE DOCUMENT Filed (jk, ) (Entered: 05/27/2009)

05/27/2009 10 Sealed Order re 9 sealed ex parte document. Signed by Judge Andrew W. Austin.(mc2, ) (Entered: 05/27/2009)

09/24/2009 11 Unopposed MOTION to Extend Scheduling Order Deadlines by Louis CastroPerez.. Motions referred to Judge Andrew W. Austin. (Maselli, Jani) (Entered:09/24/2009)

09/24/2009 12 NOTICE of Attorney Appearance by Thomas M. Jones on behalf of NathanielQuarterman (Jones, Thomas) (Entered: 09/24/2009)

09/25/2009 13 ORDER GRANTING 11 Motion to Extend Scheduling Order Deadlines - grantingextension of time to file amended application for writ of habeas corpus until 2/5/10.Signed by Judge Andrew W. Austin. (mc2, ) (Entered: 09/28/2009)

10/07/2009 14 Petition for Writ of Habeas Corpus - Death Penalty, filed by Louis Castro Perez.(Attachments: # 1 Verification & Affidavit)(mc2, ) (Entered: 10/07/2009)

02/05/2010 15 SUPPLEMENT Amended Writ of Habeas Corpus by Louis Castro Perez.(Attachments: # 1 Affidavit)(Maselli, Jani) (Entered: 02/05/2010)

02/11/2010 16 ORDER, ( Scheduling Conference set for 2/25/2010 02:00 PM before JudgeAndrew W. Austin.). Signed by Judge Andrew W. Austin. (dm, ) (Entered:02/11/2010)

02/19/2010 17 Joint MOTION Proposing Briefing Schedule re 16 Order, Set Hearings byNathaniel Quarterman, Louis Perez. (Attachments: # 1 Proposed Order). Motionsreferred to Judge Andrew W. Austin. (Jones, Thomas) Modified on 2/19/2010 toadd filer (mc2, ). (Entered: 02/19/2010)

02/19/2010 18 Joint MOTION to Cancel Scheduling Conference re 16 Order, Set Hearings byNathaniel Quarterman, Louis Perez. (Attachments: # 1 Proposed Order). Motionsreferred to Judge Andrew W. Austin. (Jones, Thomas) Modified on 2/19/2010 toadd filer (mc2, ). (Entered: 02/19/2010)

02/19/2010 Notice of Correction: re 17 Joint MOTION Proposing Briefing Schedule re 16Order, Set HearingsJoint MOTION Proposing Briefing Schedule re 16 Order, SetHearings, 18 Joint MOTION to Cancel Scheduling Conference re 16 Order, SetHearingsJoint MOTION to Cancel Scheduling Conference re 16 Order, SetHearings. Because these documents have been submitted "jointly" we have madethe necessary correction to add the petitioner to the docket entry. No further action isrequired. Please note this information for future filing purposes. (mc2, ) (Entered:02/19/2010)

03/11/2010 19 ORDER, Motions terminated: denying 17 Joint MOTION Proposing BriefingSchedule re 16 Order, Set HearingsJoint MOTION Proposing Briefing Schedule re16 Order, Set Hearings filed by Nathaniel Quarterman, Louis Castro Perez, denyingin part 18 Joint MOTION to Cancel Scheduling Conference re 16 Order, SetHearingsJoint MOTION to Cancel Scheduling Conference re 16 Order, SetHearings filed by Nathaniel Quarterman, Louis Castro Perez., ( Scheduling



































Conference reset for 3/29/2010 10:00 AM before Judge Andrew W. Austin.).Signed by Judge Andrew W. Austin. (mc2, ) (Entered: 03/11/2010)

03/29/2010 20 Minute Entry for proceedings held before Judge Andrew W. Austin: SchedulingConference via telephone held on 3/29/2010 (Minute entry documents are notavailable electronically.). (Court Reporter ERO.)(mc2, ) (Entered: 03/30/2010)

04/01/2010 21 SCHEDULING ORDER: Motions due by 5/28/2010, answer to amended petitionby 5/6/10, reply to response by 6/21/10.. Signed by Judge Andrew W. Austin. (mc2,) (Entered: 04/01/2010)

04/05/2010 22 Letter/Correspondence from Nathaniel Quarterman re: State Court Records (2 boxes- not available electronically). (td) (Entered: 04/06/2010)

05/05/2010 23 Respondent's RESPONSE to Petition for Writ of Habeas Corpus With Brief inSupport by Nathaniel Quarterman.(Jones, Thomas) (Entered: 05/05/2010)

05/26/2010 24 Opposed MOTION for Discovery by Louis Castro Perez.. Motions referred toJudge Andrew W. Austin. (Maselli, Jani) (Entered: 05/26/2010)

06/04/2010 25 Unopposed MOTION for Extension of Time to File Response/Reply With Brief inSupport by Nathaniel Quarterman. (Attachments: # 1 Proposed Order). Motionsreferred to Judge Andrew W. Austin. (Jones, Thomas) (Entered: 06/04/2010)

06/14/2010 Text Order GRANTING 25 Motion for Extension of Time to File Response/Replyentered by Judge Andrew W. Austin. (This is a text-only entry generated by thecourt. There is no document associated with this entry.) (ssw) (Entered: 06/14/2010)

06/17/2010 26 Response in Opposition to Motion, filed by Nathaniel Quarterman, re 24 OpposedMOTION for Discovery filed by Petitioner Louis Castro Perez With Brief inSupport (Jones, Thomas) (Entered: 06/17/2010)

06/18/2010 27 DEFICIENCY NOTICE: re 26 Response in Opposition to Motion (mc2, ) (Entered:06/18/2010)

06/18/2010 28 ATTACHMENT Proposed Order to 27 Deficiency Notice by NathanielQuarterman. (Jones, Thomas) (Entered: 06/18/2010)

06/18/2010 29 Unopposed MOTION for Extension of Time to File Response/Reply by LouisCastro Perez.. Motions referred to Judge Andrew W. Austin. (Maselli, Jani)(Entered: 06/18/2010)

06/24/2010 Text Order GRANTING 29 Motion for Extension of Time to File Response/Replyentered by Judge Andrew W. Austin. (This is a text-only entry generated by thecourt. There is no document associated with this entry.) (ssw) (Entered: 06/24/2010)

07/12/2010 30 Response to response 23 to habeas petition, filed by Louis Castro Perez (Maselli,Jani) Modified on to correct document type and linkage to petition response7/13/2010 (mc2, ). (Entered: 07/12/2010)

07/13/2010 Notice of Correction: re 30 Reply to Response to Motion. This document is actuallya response to respondent's habeas petition response, not a reply to a motion. Wehave made the necessary correction to modify the docket text and link the properrespondent's response to this submission. No further action is required. Please notethis information for future filing purposes. (mc2, ) (Entered: 07/13/2010)






















08/03/2010 31 ORDER Setting Hearing on 24 Opposed MOTION for Discovery : Motion Hearingset for 8/19/2010 10:00 AM before Judge Andrew W. Austin.. Signed by JudgeAndrew W. Austin. (mh2, ) (Entered: 08/04/2010)

08/10/2010 32 ORDER clarifying issues to be addressed at hearing re 31 Order Setting Hearing onMotion. Signed by Judge Andrew W. Austin. (mc2, ) (Entered: 08/10/2010)

08/12/2010 33 Supplemental MOTION for Discovery Expanded by Louis Castro Perez.(Attachments: # 1 Exhibit Chart, # 2 Exhibit DPS report, # 3 Exhibit State Supp.Answer, # 4 Exhibit DPS report/statement). Motions referred to Judge Andrew W.Austin. (Maselli, Jani) (Entered: 08/12/2010)

08/13/2010 34 DEFICIENCY NOTICE: re 33 Supplemental MOTION for Discovery. (mh2, )(Entered: 08/13/2010)

08/13/2010 35 CERTIFICATE OF SERVICE by Louis Castro Perez Amended 33 (Maselli, Jani).Modified on 8/13/2010 to revise docket text (mh2, ). (Entered: 08/13/2010)

08/18/2010 36 NOTICE of Attorney Appearance by Tina J. Miranda on behalf of NathanielQuarterman (Miranda, Tina) (Entered: 08/18/2010)

08/18/2010 37 Response in Opposition to Motion, filed by Nathaniel Quarterman, re 33Supplemental MOTION for Discovery Expanded filed by Petitioner Louis CastroPerez (Attachments: # 1 Exhibit 1)(Miranda, Tina) (Entered: 08/18/2010)

08/18/2010 38 DEFICIENCY NOTICE: re 36 Notice of Appearance (mc2, ) (Entered:08/18/2010)

08/18/2010 39 DEFICIENCY NOTICE: re 37 Response in Opposition to Motion (mc2, ) (Entered:08/18/2010)

08/19/2010 40 CERTIFICATE OF SERVICE by Nathaniel Quarterman Amended re Dkt. 36(Miranda, Tina) Modified on 8/19/2010 to link documents (mc2, ). (Entered:08/19/2010)

08/19/2010 41 CERTIFICATE OF SERVICE by Nathaniel Quarterman Amended (Miranda, Tina)(Entered: 08/19/2010)

08/19/2010 42 DEFICIENCY NOTICE: re 39 Deficiency Notice, 41 Certificate of Service, 37Response in Opposition to Motion (mc2, ) (Entered: 08/19/2010)

08/19/2010 43 Minute Entry for proceedings held before Judge Andrew W. Austin: MotionHearing held on 8/19/2010 re 33 Supplemental MOTION for Discovery Expandedfiled by Louis Castro Perez, 24 Opposed MOTION for Discovery filed by LouisCastro Perez (Minute entry documents are not available electronically.). (CourtReporter ERO.)(mc2, ) (Entered: 08/19/2010)

08/19/2010 44 Witness List from 8/19/10 motion hearing. (mc2, ) (Entered: 08/19/2010)

08/19/2010 45 NOTICE of Filing of Order by Nathaniel Quarterman (Miranda, Tina) (Entered:08/19/2010)

08/19/2010 46 NOTICE OF CORRECTION by Nathaniel Quarterman re 24 , 33 , 37 (Miranda,Tina) Modified on 8/19/2010 to link back to motion(mc2, ). (Entered: 08/19/2010)

08/19/2010 47 ORDER DENYING as moot 33 Motion for Discovery; DENYING as moot 24











































Motion for Discovery. Signed by Judge Andrew W. Austin. (mc2, ) (Entered:08/20/2010)

02/15/2011 48 MOTION to Substitute Attorney Maselli by Louis Castro Perez. (Attachments: # 1Affidavit Declaration by Mr. Burr). Motions referred to Judge Andrew W. Austin.(Maselli, Jani) (Entered: 02/15/2011)

03/04/2011 49 ORDER GRANTING 48 Motion to Substitute Attorney; Sadaf Kham in place ofJani Maselli. Signed by Judge Andrew W. Austin. (mc2, ) (Entered: 03/07/2011)

03/10/2011 50 MOTION to Appear Pro Hac Vice by Sadaf Khan ( Filing fee $ 25 receipt number100009497) on behalf of Louis Castro Perez.. Motions referred to Judge AndrewW. Austin. (mc2, ) (Entered: 03/10/2011)

03/11/2011 Text Order GRANTING 50 Motion to Appear Pro Hac Vice as to Sadaf Kahn.Pursuant to our Administrative Policies and Procedures for Electronic Filing, theattorney hereby granted to practice pro hac vice in this case must register forelectronic filing with our court within 10 days of this order. entered by JudgeAndrew W. Austin. (This is a text-only entry generated by the court. There is nodocument associated with this entry.) (ssw) Modified on 3/22/2011 to add name ofattorney (mc2, ). (Entered: 03/11/2011)

12/29/2011 51 REPORT AND RECOMMENDATIONS that the District Court deny theAmended Petition 15 , 14 Petition for Writ of Habeas Corpus filed by Louis CastroPerez. Signed by Judge Andrew W. Austin. (mc2, ) (Entered: 12/29/2011)

12/29/2011 CASE NO LONGER REFERRED to Magistrate Judge Andrew W. Austin. (mc2,) (Entered: 12/29/2011)

01/05/2012 52 MOTION for Extension of Time to File Response/Reply as to 51 Report andRecommendations by Louis Castro Perez. (Khan, Sadaf) (Entered: 01/05/2012)

01/09/2012 53 ORDER GRANTING 52 Motion for Extension of Time to File Response toMagistrates Report and Recommendation until 02/13/12. Signed by Judge LeeYeakel. (klw, ) (Entered: 01/09/2012)

01/25/2012 54 Agreed MOTION for Extension of Time to File Response/Reply as to 51 Reportand Recommendations by Louis Castro Perez. (Khan, Sadaf) (Entered: 01/25/2012)

01/25/2012 55 DEFICIENCY NOTICE to Sadaf Khan: re 54 Agreed MOTION for Extension ofTime to File Response/Reply as to 51 Report and Recommendations (td) (Entered:01/25/2012)

01/30/2012 56 CERTIFICATE OF SERVICE by Louis Castro Perez Corrected (Khan, Sadaf)(Entered: 01/30/2012)

01/30/2012 57 ORDER GRANTING 54 Motion for Extension of Time to File Objections, due onor before 3/5/2012. Signed by Judge Lee Yeakel. (td) (Entered: 01/30/2012)

03/05/2012 58 OBJECTION to 51 Report and Recommendations by Louis Castro Perez.. (Khan,Sadaf) (Entered: 03/05/2012)

03/27/2012 59 ORDER ADOPTING 51 Report and Recommendations, Denying 15 AmendedApplication for Writ of Habeas Corpus filed by Louis Castro Perez. Signed byJudge Lee Yeakel. (kkc, ) (Entered: 03/27/2012)





























03/27/2012 60 *** VACATED PURSUANT TO 93 ORDER *** FINAL JUDGMENT.Certificate of Appealability is DENIED. Signed by Judge Lee Yeakel. (kkc, )Modified docket text on 12/18/2012 (kkc). (Entered: 03/27/2012)

06/25/2012 61 MOTION to Reopen Case by Louis Castro Perez. (Attachments: # 1 Exhibit)(Khan,Sadaf) (Entered: 06/25/2012)

06/28/2012 62 Response in Opposition to Motion, filed by Nathaniel Quarterman, re 61 MOTIONto Reopen Case filed by Petitioner Louis Castro Perez (Jones, Thomas) (Entered:06/28/2012)

06/28/2012 63 DEFICIENCY NOTICE: re 62 Response in Opposition to Motion. (kkc, ) (Entered:06/28/2012)

06/28/2012 64 ATTACHMENT Proposed Order to 62 Response in Opposition to Motion byNathaniel Quarterman. (Jones, Thomas) (Entered: 06/28/2012)

07/03/2012 65 ORDER DENYING 61 Motion to Reopen the Time to File Notice of Appeal.Signed by Judge Lee Yeakel. (kkc, ) (Entered: 07/03/2012)

07/30/2012 66 MOTION to Withdraw as Attorney by Louis Castro Perez. (Attachments: # 1Exhibit 1)(Khan, Sadaf) (Entered: 07/30/2012)

08/13/2012 67 MOTION to Substitute Attorney by Louis Castro Perez. (Greer, Marcy) (Entered:08/13/2012)

08/13/2012 68 NOTICE of Attorney Appearance by Marcy Hogan Greer on behalf of LouisCastro Perez (Greer, Marcy) (Entered: 08/13/2012)

08/13/2012 69 NOTICE of Attorney Appearance by Mark Emery on behalf of Louis Castro Perez(Emery, Mark) (Entered: 08/13/2012)

08/13/2012 70 DEFICIENCY NOTICE: re 67 MOTION to Substitute Attorney. (kkc, ) (Entered:08/13/2012)

08/13/2012 71 ATTACHMENT Proposed Order to 67 MOTION to Substitute Attorney by LouisCastro Perez. (Greer, Marcy) (Entered: 08/13/2012)

08/14/2012 72 MOTION to Appear Pro Hac Vice by Marcy Hogan Greer for Jonathan Franklin (Filing fee $ 25 receipt number 0542-4823305) by on behalf of Louis Castro Perez.(Greer, Marcy) (Entered: 08/14/2012)

08/15/2012 73 ORDER GRANTING 66 Motion for Sadaf Khan to Withdraw as Attorney. Signedby Judge Lee Yeakel. (kkc, ) (Entered: 08/15/2012)

08/15/2012 74 ORDER GRANTING 67 Motion for Marcy Hogan Greer, Jonathan Franklin, andMark Emery of Fulbright & Jaworski L.L.P. to Substitute as Attorneys for PetitionerLouis Castro Perez. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 08/15/2012)

08/15/2012 75 ORDER GRANTING 72 Motion for Jonathan Franklin to Appear Pro Hac Vice.Pursuant to our Administrative Policies and Procedures for Electronic Filing, theattorney hereby granted to practice pro hac vice in this case must register forelectronic filing with our court within 10 days of this order. Signed by Judge LeeYeakel. (kkc, ) (Entered: 08/15/2012)

08/29/2012 76 Opposed Motion for leave to File Sealed Document (Attachments: # 1 SealedDocument Exhibit A, # 2 Sealed Document Exhibit B-1) (Greer, Marcy) Modified


































docket text on 8/30/2012 (kkc, ). (Entered: 08/29/2012)

08/29/2012 77 Unopposed MOTION for Leave to Exceed Page Limitation by Louis Castro Perez.(Greer, Marcy) (Entered: 08/29/2012)

08/29/2012 78 MOTION to Vacate 60 Judgment by Louis Castro Perez. (Attachments: # 1 ExhibitExhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit B-1, # 4 Exhibit Exhibit C, # 5Exhibit Exhibit D, # 6 Proposed Order)(Greer, Marcy) (Entered: 08/29/2012)

08/30/2012 79 Transcript filed of Proceedings held on August 19, 2010, Proceedings Transcribed:Motions Hearing. Court Reporter/Transcriber: Arlinda Rodriguez, Telephonenumber: 512-916-5143. Parties are notified of their duty to review the transcript toensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchasedfrom the court reporter or viewed at the clerk's office public terminal. If redaction isnecessary, a Notice of Redaction Request must be filed within 21 days. If no suchNotice is filed, the transcript will be made available via PACER without redactionafter 90 calendar days. The clerk will mail a copy of this notice to parties notelectronically noticed Redaction Request due 9/20/2012. Redacted TranscriptDeadline set for 10/1/2012. Release of Transcript Restriction set for 11/28/2012.(Rodriguez, Arlinda) (Entered: 08/30/2012)

08/30/2012 80 ORDER GRANTING 77 Motion for Leave to Exceed Page Limitations. Signed byJudge Lee Yeakel. (kkc, ) (Entered: 08/30/2012)

09/07/2012 81 MOTION for Leave to Exceed Page Limitation by Rick Thaler. (Attachments: # 1Proposed Order)(Jones, Thomas) (Entered: 09/07/2012)

09/07/2012 82 Response in Opposition to Motion, filed by Rick Thaler, re 78 MOTION to Vacate60 Judgment filed by Petitioner Louis Castro Perez With Brief in Support(Attachments: # 1 Proposed Order)(Jones, Thomas) (Entered: 09/07/2012)

09/07/2012 83 Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document, # 2Sealed Document, # 3 Proposed Order) (Jones, Thomas) (Entered: 09/07/2012)

09/11/2012 84 ORDER GRANTING 81 Motion for Leave to File a motion response in excess often pages. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 09/11/2012)

09/14/2012 85 Unopposed MOTION for Leave to Exceed Page Limitation by Louis Castro Perez.(Greer, Marcy) (Entered: 09/14/2012)

09/14/2012 86 REPLY to Response to Motion, filed by Louis Castro Perez, re 78 MOTION toVacate 60 Judgment filed by Petitioner Louis Castro Perez Petitioner's Reply toRespondent Thaler's Response to Motion to Vacate March 27, 2012 Judgment andEnter New Judgment, or Alternatively, Renewed Motion to Reopen Time to FileNotice of Appeal From March 27, 2012 Judgment or, Alternatively, Motion toExtend Time to File Notice of Appeal of July 3, 2012 Order (Greer, Marcy)Modified docket text on 9/17/2012 (kkc, ). (Entered: 09/14/2012)

09/19/2012 87 ORDER GRANTING Petitioner's 85 Motion for Leave to File Excess Pages inReply to Respondent's Response to Motion to Vacate. Signed by Judge Lee Yeakel.(klw, ) (Entered: 09/20/2012)

10/29/2012 88 ORDER DENYING 76 Motion to File Declarations Under Seal; DENYING 83Motion Motion to Proceed Under Seal. Signed by Judge Lee Yeakel. (kkc)(Entered: 10/29/2012)


































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10/29/2012 89 Declaration of Sadaf Khan in Support, filed by Louis Castro Perez, re 78 MOTIONto Vacate 60 Judgment filed by Petitioner Louis Castro Perez. (Entered: 10/29/2012)

10/29/2012 90 Response in Opposition to Motion, filed by Rick Thaler, re 76 Opposed Motion forleave to File Sealed Document filed by Petitioner Louis Castro Perez. (kkc)(Entered: 10/29/2012)

11/12/2012 91 ATTACHMENT Declaration of Delia Perez Meyer to 61 MOTION to ReopenCase by Louis Castro Perez. (Greer, Marcy) (Entered: 11/12/2012)

11/13/2012 92 ATTACHMENT Amended Declaration of Delia Perez Meyer to 61 MOTION toReopen Case by Louis Castro Perez. (Attachments: # 1 Exhibit A)(Greer, Marcy)(Entered: 11/13/2012)

12/18/2012 93 ORDER GRANTING 78 Motion to Vacate March 27, 2012 60 Judgment andEnter New Judgment. The Clerk of the Court is directed to reenter the March 27,2012 judgment to allow Petitioner Perez the opportunity to file a notice of appeal.Petitioner Perez's request to issue a certificate of appealability is DISMISSED, as theCourt has already denied Petitioner a certificate of appealability. The AlternativeRenewed Motion to Reopen Time to File Notice of Appeal and Alternative Motionto Extend Time to File Notice of Appeal are DISMISSED. Signed by Judge LeeYeakel. (kkc) (Entered: 12/18/2012)

12/18/2012 94 FINAL JUDGMENT (Reentered pursuant to 93 Order). Signed by Judge LeeYeakel. (kkc) (Entered: 12/18/2012)

01/16/2013 95 Appeal of Final Judgment 94 by Louis Castro Perez. No filing fee submitted (Greer,Marcy) (Entered: 01/16/2013)

01/16/2013 NOTICE OF APPEAL following 95 Notice of Appeal (E-Filed) by Louis CastroPerez. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Noticeof Appeal, to order the transcript. To order a transcript, the appellant should fill outForm DKT-13 (Transcript Order) and follow the instructions set out on the form.This form is available in the Clerk's Office or by clicking the hyperlink above. (kkc)(Entered: 01/16/2013)

01/17/2013 96 Appeal of Order entered by District Judge 93 by Rick Thaler. ( Filing fee $ 455receipt number 0542-5202400) (Jones, Thomas) (Entered: 01/17/2013)

01/17/2013 NOTICE OF APPEAL following 96 Notice of Appeal (E-Filed) by Rick Thaler.Filing fee $ 455, receipt number 0542-5202400. Per 5th Circuit rules, the appellanthas 14 days, from the filing of the Notice of Appeal, to order the transcript. To ordera transcript, the appellant should fill out Form DKT-13 (Transcript Order) andfollow the instructions set out on the form. This form is available in the Clerk'sOffice or by clicking the hyperlink above. (kkc) (Entered: 01/17/2013)

01/23/2013 97 Transcript filed of Proceedings held on March 29, 2010, Proceedings Transcribed:Scheduling Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephonenumber: 512-391-8791. Parties are notified of their duty to review the transcript toensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchasedfrom the court reporter or viewed at the clerk's office public terminal. If redaction isnecessary, a Notice of Redaction Request must be filed within 21 days. If no suchNotice is filed, the transcript will be made available via PACER without redactionafter 90 calendar days. The clerk will mail a copy of this notice to parties not



















http://www.txwd.uscourts.gov/forms/docs/district/dkt-13.pdf




http://www.txwd.uscourts.gov/forms/docs/district/dkt-13.pdf


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electronically noticed Redaction Request due 2/13/2013, Redacted TranscriptDeadline set for 2/25/2013, Release of Transcript Restriction set for 4/23/2013,Appeal Record due by 2/7/2013, (Rodriguez, Arlinda) Modified docket text on1/23/2013 (kkc). (Entered: 01/23/2013)

01/31/2013 98 TRANSCRIPT ORDER by Louis Castro Perez. Transcript is already on file inClerk's office. (kkc) (Entered: 01/31/2013)

02/04/2013 Notice of Certified Record on Appeal was sent to the USCA via e-mail, re: 95Notice of Appeal, 96 Notice of Appeal. The Record contains 3 Volumes of theElectronic Record on Appeal, 2 Volumes of Electronic Transcript (dkt # 79, 97), 1Envelope containing COPIES of SEALED Documents (dkt 7, 8, 9, 10, 76, 83), 9Volumes of the State Court Records. (kkc) (Entered: 02/04/2013)

02/04/2013 99 Transmitted Record on Appeal to US Court of Appeals re: 95 Notice of Appeal, 96Notice of Appeal. The record consists of 3 Volumes of the Electronic Record onAppeal, 2 Volumes of Electronic Transcript (dkt # 79, 97), 1 Envelope containingCOPIES of SEALED Documents (dkt 7, 8, 9, 10, 76, 83), 9 Volumes of the StateCourt Records. (kkc) (Entered: 02/04/2013)

02/04/2013 100 TRANSCRIPT ORDER by Rick Thaler. Transcript is already on file in Clerk'soffice. (kkc) (Entered: 02/04/2013)

02/12/2013 Transmitted Link to Record on Appeal via email to Attorney for Respondent re: 95Notice of Appeal, 96 Notice of Appeal. (kkc) (Entered: 02/13/2013)

02/13/2013 Transmitted Link to Record on Appeal via email to Attorney for Petitioner re: 95Notice of Appeal, 96 Notice of Appeal. (kkc) (Entered: 02/13/2013)

02/20/2013 101 Acknowledgement Receipt of Record on Appeal by USCA Fifth Circuit re: 99Appeal Record Sent to USCA. (kkc) (Entered: 02/21/2013)

PACER Service CenterTransaction Receipt

05/10/2013 01:23:45PACER Login: ob0458 Client Code: MISCDescription: Docket Report Search Criteria: 1:09-cv-00081-LYBillable Pages: 8 Cost: 0.80












