Branham v. Klingler
| Oscar Henry Branham |
| Oklahoma Court of Criminal Appeals, Clancy Smith and Ken Klingler |
| 6:2015cv00365 |
| September 21, 2015 |
| US District Court for the Eastern District of Oklahoma |
| Muskogee Office |
| Okfuskee |
| Kimberly E West |
| Ronald A White |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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Filing 22
JUDGMENT by Court Clerk entering judgment in favor of Ken Klingler against Oscar Henry Branham (acg, Deputy Clerk)
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Filing 21
OPINION AND ORDER by Judge Ronald A. White: This action is, in all respects, DISMISSED WITHOUT PREJUDICE for failure to prosecute. (case terminated) (acg, Deputy Clerk)
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Filing 20
MAIL to Oscar Branham Returned - marked not here. (Re: 17 Minute Order,, Directing Party to Show Cause, ) by Oscar Henry Branham (acg, Deputy Clerk)
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Filing 19
ANSWER to Complaint (Re: Complaint) by Ken Klingler (With attachments)(Elliott, Gary)
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Filing 18
ATTORNEY APPEARANCE by Gary Elliott on behalf of Ken Klingler (Elliott, Gary)
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Filing 17
MINUTE ORDER by Magistrate Judge Kimberly E. West: Directing the Respondent to show cause in writing within seven (7) days why no response to the petition has been filed, as directed by the Court's Order entered on October 7, 2015 #11 . (acg, Deputy Clerk)
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Filing 16
MINUTE ORDER by Magistrate Judge Kimberly E. West : On November 10, 2015, Petitioner was directed to show cause why his transferred habeas petition in Case No. CIV-15-365-RAW-KEW should not be dismissed as a duplicate of the claims in Case No. CIV-15-337-JHP-KEW. On November 30, 2015, Petitioner filed a response to the order, asserting the transferred case, No. CIV-15-365-RAW-KEW, should be deemed the original petition. The Court, therefore, directs the Court Clerk to close Case No. CIV-15-337-JHP-KEW. The transferred case, No. CIV-15-365-RAW-KEW, shall remain open, and all future filings shall be made in that case. (acg, Deputy Clerk)
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Filing 14
Second RESPONSE to Order to Show Cause (Re: 13 Minute Order, Directing Party to Show Cause ) by Oscar Henry Branham (acg, Deputy Clerk)
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Filing 15
RESPONSE to Order to Show Cause (Re: 13 Minute Order, Directing Party to Show Cause,,,, ) by Oscar Henry Branham (acg, Deputy Clerk)
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Filing 13
MINUTE ORDER by Magistrate Judge Kimberly E. West : On September 8, 2015, petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241 in this courts case No. CIV-15-337-JHP-KEW. On September 21, 2015, a second habeas corpus petition pursuant to 28 U.S.C. 2241 was transferred from the Western District of Oklahoma to this court, where it was assigned the case number of CIV-15-365-RAW-KEW. The court has reviewed both cases and finds the two petitions are virtually identical, with both challenging petitioners January 10, 2014, disciplinary proceedings at John Lilley Correctional Center that resulted in his loss of earned credits. Plaintiff, therefore, is directed to show cause in writing within twenty (20) days why his transferred petition in Case No. CIV-15-365-RAW-KEW should not be dismissed as a duplicate of the claims in Case No. CIV-15-337-JHP-KEW. Failure to show cause as directed will result in dismissal of Case No. CIV-15-365-RAW-KEW as a duplicate case. (acg, Deputy Clerk)
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Filing 12
Order *** filed in error*** #11 was filed twice.
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Filing 11
ORDER by Magistrate Judge Kimberly E. West, directing Respondent to show cause why the writ should not issue and file a response to the petition( Responses due by 11/6/2015)(acg, Deputy Clerk)
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Filing 10
MINUTE ORDER by Magistrate Judge Kimberly E. West Substituting Ken Klingler, Warden, as the respondent in this case. Petitioner currently is incarcerated at John Lilley Correctional Center in Boley, Oklahoma, and Ken Klingler is the warden of that facility. See Rule 2(a) of the Rules Governing Section 2254 Cases; Braden v. 30th Judicial Circuit Court of Ky., 410 U.S. 484, 494-95 (1973). The case name is hereby changed to Oscar Branham, Petitioner, v. Ken Klingler, Warden, Respondent(acg, Deputy Clerk)
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Filing 9
MINUTE ORDER by Judge Ronald A. White, referring case to Magistrate Judge Kimberly E. West for all further proceedings in accordance with their jurisdiction pursuant to 28 USC 636. All future filings shall bear the case number CIV-15-365-RAW-KEW. (acg, Deputy Clerk)
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Filing 8
CASE TRANSFERRED IN from Oklahoma Western
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Filing 7
ORDER ADOPTING REPORT AND RECOMMENDATION for #6 Report and Recommendation and Order of Transfer. Signed by Honorable Robin J. Cauthron on 9/18/2015. (cps) [Transferred from okwd on 9/21/2015.]
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Filing 6
REPORT AND RECOMMENDATION: it is recommended that the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 be TRANSFERRED to the United States District Court for the Eastern District of Oklahoma. Objections to R&R due by 8/31/2015. This Report and Recommendation disposes of all issues referred to the undersigned Magistrate Judge in the captioned matter, and any pending motion not specifically addressed herein is denied. Signed by Magistrate Judge Gary M. Purcell on 8/11/2015. (brs) [Transferred from okwd on 9/21/2015.]
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Magistrate Judge Gary M. Purcell no longer assigned to case. (brs) [Transferred from okwd on 9/21/2015.]
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Gary M. Purcell. By direction of District Judge Robin J. Cauthron on 8/7/15. (pw) [Transferred from okwd on 9/21/2015.]
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Filing 4
ORDER REASSIGNING CASE. Case reassigned to Honorable Robin J. Cauthron for all further proceedings. Honorable Joe Heaton no longer assigned to case. By direction of District Judge Joe Heaton on 8/7/15. (pw) (Main Document 4 replaced on 8/10/2015) (pw). [Transferred from okwd on 9/21/2015.]
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Filing 3
PREVIOUS CASES (pw) [Transferred from okwd on 9/21/2015.]
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Notice of Mailing LCvR5.4/Change of Address form to Oscar Henry Branham #126364 BOLEY-JLCC Rt 1 P O Box 407971 Boley, OK 74829 (pw) [Transferred from okwd on 9/21/2015.]
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Filing 2
Receipt for Money Received from Oscar Henry Branham in the amount of $5.00, receipt number OKW500048275 regarding #1 Petition for Writ of Habeas Corpus,,, (pw) [Transferred from okwd on 9/21/2015.]
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Filing 1
PETITION for Writ of Habeas Corpus (Titled: Application for Writ of Habeas Corpus Pursuant to Title 28 USC Section 2241 Restoration of Disciplinary action Earned Credit Lost Due to a DOC Misconduct Hearing Held and Conducted by a DOC staff Brief of Appellant) filed by Oscar Henry Branham. (Attachments: #1 Attachment ODOC Offender Statement Report, #2 Attachment Certificate of Mailing, #3 Attachment Affidavit filed 7/30/15 OK Di, #4 Attachment Order Affirming Denial of Request for Relief REC-2014-1009 Court of Criminal Appeals of the State of Oklahoma, #5 Attachment Order dated 10/28/2014 District Court of Oklahoma County Oklahoma CV-2014-1151, #6 Attachment Answer filed in District Court of Oklahoma County Oklahoma CV-2014-1151, #7 Exhibit A - Letter dated 7/29/14 mailed Letter from court Clerk Pam Dunn, #8 Exhibit B1 through B5, #9 Exhibit C - Motin for Default Judgment District of Oklahoma Countuy Oklahoma, #10 Exhibit D - Letter dated 9/16/14 from Tim Rhodes Court Clerk RE: Fililng Motion to Default Judgment and Amended Summons, #11 Exhibit E Certificate of Mailing CIV-14-1151 dated filed 9/23/14, #12 Exhibit F - Second Amended Summons Issued 9/23/14, #13 Exhibit 1 - Department of Corrections Offense Report 12/23/13, #14 Exhibit 2 - Ubcudebt/Staff Report 12/23/13, #15 Exhibit 3 - Incident/Staff Report 12/23/13, #16 Exhibit 4 - Displinary Hearing Reportf 1/10/14, #17 Exhibit 5 - Date of Offense 12/23/13 Offense: possessomg contraband Grounds for Appeal, #18 Exhibit 6 - Offender Misconduct Appeal Form due process Review, #19 Exhibit 24 - Misconduct/Grievance Appeal Form to Administrative Review Authority 12/23/14, #20 Exhibit 8 - Response from Director or Designee Appeal No JLCC 14-05 receipt date 3/20/14; ODOC number 126364, #21 Exhibit 9 - Section 06 Classification OP-060125 page 3 Effective date: 10/16/12, #22 Exhibit 10 Section -06 Classification page 10, #23 Exhibit 11 - Section-06 Classification page 16, #24 Exhibit 12 - Section-06 Classification page 5, #25 Exhibit 13 - Section-04 Security OP-040110 page 2 Effective Date: 2/2/12, #26 Exhibit 14 - Section-04 Security page 15, #27 Exhibit 15 - Section-04 page 3, #28 Exhibit 16 - Section-03 Facility Operations OP-030134 page 5 Effective Date 10/26/2011, #29 Exhibit 17 - Sectio-03 Facility Operations P-030100 page3 Effective Date: 2/29/12, #30 Attachment Summons issued from District Court of Oklahoma County Oklahoma CV-2014-1151, #31 Attachment Temporary Restraining Order CV-2014-1151, #32 Attachment Petitioner Reply Brief to the Respondents Answer Brief for Judicial Review of Prisoner Misconduct, #33 Attachment Docket Sheet CV-2014-1151, #34 Attachment 39 - Notice of Appeal from Judicail Review CV-2014-1151)(pw) [Transferred from okwd on 9/21/2015.]
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