McLaughlin v. Kelley
Plaintiff: David Edward McLaughlin
Defendant: Attorney General of the State of Oklahoma, Wendy Kelley and Arkansas Department of Corrections
Case Number: 6:2018cv00290
Filed: August 29, 2018
Court: US District Court for the Eastern District of Oklahoma
Presiding Judge: James H Payne
Referring Judge: Kimberly E West
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 29, 2018 Opinion or Order Filing 25 MINUTE ORDER by District Judge James H. Payne, referring case to Magistrate Judge Kimberly E. West All future filings shall bear the case number CIV-18-290-JHP-KEW. (acg, Deputy Clerk)
August 29, 2018 Filing 24 CASE TRANSFERRED IN from the Arkansas Eastern
August 29, 2018 Opinion or Order Filing 23 ORDER granting Respondent's motion to transfer case #22 . The Clerk shall immediately transfer this case to the USDC for the E/D of Oklahoma. Signed by Magistrate Judge Joe J. Volpe on 8/29/2018. (lej) [Transferred from ared on 8/29/2018.]
August 13, 2018 Filing 22 MOTION to Transfer Case by Wendy Kelley (Harris, Christian) [Transferred from ared on 8/29/2018.]
August 13, 2018 Filing 21 RESPONSE to #17 Amended Petition for Writ of Habeas Corpus by Wendy Kelley.(Harris, Christian) [Transferred from ared on 8/29/2018.]
July 26, 2018 Opinion or Order Filing 20 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Respondent's motion to extend time to 8/13/2018 to file a response to the Amended Petition #19 . Signed by Magistrate Judge Joe J. Volpe on 7/26/2018. (lej) [Transferred from ared on 8/29/2018.]
July 26, 2018 Filing 19 MOTION for Extension of Time to File Answer re #17 Amended Petition for Writ of Habeas Corpus by Wendy Kelley (Harris, Christian) [Transferred from ared on 8/29/2018.]
June 19, 2018 Opinion or Order Filing 18 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Respondent shall file an answer, motion, or other pleading responsive to the Amended Petition, within 40 days. Signed by Magistrate Judge Joe J. Volpe on 6/19/2018. (lej) [Transferred from ared on 8/29/2018.]
June 18, 2018 Filing 17 AMENDED PETITION for Writ of Habeas Corpus filed by David Edward McLaughlin. Related document: #1 Petition for Writ of Habeas Corpus filed by David Edward McLaughlin. (ljb) [Transferred from ared on 8/29/2018.]
May 29, 2018 Opinion or Order Filing 16 ORDER declining without prejudice #12 Recommendation and partly sustaining #15 Objection. McLaughlin is entitled to the opportunity to amend his petition to assert this related ineffectiveness claim. The Court returns this case to the Magistrate Judge for further proceedings. The Court directs the Clerk to send McLaughlin a blank 2254 petition form. Signed by Judge D. P. Marshall Jr. on 5/29/2018. (jak) [Transferred from ared on 8/29/2018.]
May 7, 2018 Filing 15 OBJECTION to #12 Proposed Findings and Recommendations by David Edward McLaughlin. (ljb) [Transferred from ared on 8/29/2018.]
April 24, 2018 Opinion or Order Filing 14 ORDER granting #13 Motion to Extend Time. Objections due by 5/7/2018. Signed by Judge D. P. Marshall Jr. on 4/24/2018. (jak) [Transferred from ared on 8/29/2018.]
April 23, 2018 Filing 13 MOTION to Extend Time by David Edward McLaughlin. (ljb) [Transferred from ared on 8/29/2018.]
April 9, 2018 Filing 12 PROPOSED FINDINGS AND RECOMMENDATIONS that the Petition for Writ of Habeas Corpus be dismissed and the requested relief be denied #1 . A certificate of appealability should not be issued. Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 4/9/2018. (lej) [Transferred from ared on 8/29/2018.]
March 9, 2018 Filing 11 REPLY re #10 Response to Habeas Petition, by David Edward McLaughlin. (kdr) [Transferred from ared on 8/29/2018.]
February 26, 2018 Filing 10 RESPONSE to #1 Petition for Writ of Habeas Corpus by Wendy Kelley. (Attachments: #1 Document Exhibit Index, #2 Exhibit A - Information, #3 Exhibit B - Supplemental Information for After Former Conviction, #4 Exhibit C - Interstate Agreement on Detainers Act Request for Disposition to State of Oklahoma, #5 Exhibit D - Minute Orders, #6 Exhibit E - Plea of Guilty Summary of Facts, #7 Exhibit F - Pre-Sentence Investigation, #8 Exhibit G - Judgment and Sentence, #9 Exhibit H - Application to Withdraw Plea of Guilty, #10 Exhibit I - Order Denying Motion to Withdraw Plea, #11 Exhibit J - Habeas Corpus Petition, #12 Exhibit K - Response to Court of Criminal Appeals Order Dated March 29, 2016 and Disposition of all Pending Requests for Relief by David McLaughlin, #13 Exhibit L - Summary Opinion Granting in Part and Denying in Part the Writ of Certioari)(Harris, Christian) [Transferred from ared on 8/29/2018.]
January 24, 2018 Opinion or Order Filing 9 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Respondent's motion to extend time to 2/26/2018 to file a response to the Petition #8 . Signed by Magistrate Judge Joe J. Volpe on 1/24/2018. (lej)[Transferred from ared on 8/29/2018.]
January 24, 2018 Filing 8 MOTION for Extension of Time to File Answer re #1 Petition for Writ of Habeas Corpus by Wendy Kelley (Harris, Christian) [Transferred from ared on 8/29/2018.]
January 4, 2018 Filing 7 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej) [Transferred from ared on 8/29/2018.]
January 4, 2018 Filing 6 NOTICE of Appearance by Christian Scholfield Harris on behalf of Wendy Kelley (Harris, Christian) [Transferred from ared on 8/29/2018.]
December 13, 2017 Opinion or Order Filing 5 ORDER directing the Clerk to serve a copy of the Petition for Writ of Habeas Corpus and this Order on the Respondent and the Arkansas Attorney General by regular mail #1 . Respondent shall file an answer, motion, or other pleading responsive to the Petition, within 40 days after service of this Petition, exclusive of the day of service. Signed by Magistrate Judge Joe J. Volpe on 12/13/2017. (lej) [Transferred from ared on 8/29/2018.]
November 22, 2017 Filing 4 Filing fee: $5.00, receipt number LIT064642. (alm) [Transferred from ared on 8/29/2018.]
November 14, 2017 Opinion or Order Filing 3 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Petitioner's motion to appoint counsel #2 . A civil litigant does not have a constitutional or statutory right to appointed counsel in a habeas action but the Court may appoint counsel at its discretion. The Court has considered Petitioner's need for an attorney at this juncture, the likelihood that he will benefit from assistance of counsel, the factual complexity of the case, the Petitioner's ability to investigate and present the case, and the complexity of the legal issues. In considering these factors, the Court finds that, at this time, Petitioner's claims do not appear legally or factually complex, and it appears from the face of the pleadings, Petitioner is capable of prosecuting these claims without appointed counsel. Signed by Magistrate Judge Joe J. Volpe on 11/14/2017. (lej) [Transferred from ared on 8/29/2018.]
November 13, 2017 Filing 2 MOTION to Appoint Counsel by David Edward McLaughlin. (kdr) [Transferred from ared on 8/29/2018.]
November 13, 2017 Filing 1 PETITION for Writ of Habeas Corpus, filed by David Edward McLaughlin.(kdr) [Transferred from ared on 8/29/2018.]

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Defendant: Attorney General of the State of Oklahoma
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Defendant: Wendy Kelley
Represented By: Christian Scholfield Harris
Represented By: Christian S. Harris
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Defendant: Arkansas Department of Corrections
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Plaintiff: David Edward McLaughlin
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