Smith v. Wade
| Jason Scott Smith |
| The State of Oklahoma and Michael Wade |
| 6:2018cv00393 |
| December 17, 2018 |
| US District Court for the Eastern District of Oklahoma |
| James H Payne |
| Kimberly E West |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 20
MINUTE ORDER by Magistrate Judge Kimberly E. West: Construing Petitioners letter dated February 11, 2019, as a notice of change of address, a request to change the respondent, and a motion for appointment of counsel #19 . Plaintiff is advised that pursuant to Local Civil Rule 7.1(b), [e]ach motion, application, or objection filed shall be a separate pleading.... All future filings should comply with this rule. The Court Clerk is directed to send Petitioner a copy of Local Civil Rule 7.1. (acg, Deputy Clerk)
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Filing 19
LETTER from Plaintiff to Eastern District Court re: change of address, appointment of counsel and change respondent. by Jason Scott Smith (acg, Deputy Clerk)
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Filing 18
MINUTE ORDER by Magistrate Judge Kimberly E. West: Granting #17 respondent's Motion for Extension of Time to Respond to Motion. Responses due by 3/8/2019 (Re: #1 PETITION for Writ of Habeas Corpus)(acg, Deputy Clerk)
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Filing 17
MOTION for Extension of Time to Respond to Motion (Re: #1 Petition for Writ of Habeas Corpus) by Michael Wade Responses due by 2/20/2019(Haire, Matthew) Modified on 2/6/2019 to edit event and text (dma, Deputy Clerk).
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Filing 16
MINUTE ORDER by Magistrate Judge Kimberly E. West: Denying #14 as moot Respondent's motion for extension of time to respond to Petitioner's motion for evidentiary hearing.(acg, Deputy Clerk)
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Filing 15
MINUTE ORDER by Magistrate Judge Kimberly E. West: Denying without prejudice Petitioner's Motion for Evidentiary Hearing #12 . Petitioner has filed a generalized motion which fails to clearly set forth what evidence he is proposing to raise in an evidentiary hearing. Instead, he merely refers to the claims in his habeas corpus petition. Petitioner is granted leave to file a proper, second motion for evidentiary hearing after Respondent files a response to the petition.(acg, Deputy Clerk)
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Filing 14
MOTION for Extension of Time to Respond to Motion for Evidentiary Hearing (Re: #12 MOTION for Hearing) by Michael Wade Responses due by 2/11/2019(Haire, Matthew)
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Filing 13
ATTORNEY APPEARANCE by Matthew D. Haire on behalf of Michael Wade (Haire, Matthew)
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Filing 12
MOTION for Evidentiary Hearing by Jason Scott Smith Responses due by 1/28/2019(acg, Deputy Clerk)
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Filing 11
ATTORNEY APPEARANCE by Katherine R. Morelli on behalf of Michael Wade (Morelli, Katherine)
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Filing 10
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 2/6/2019) (Re: #1 PETITION for Writ of Habeas Corpus - 2254 (sjr, Chambers)
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Filing 9
OPINION AND ORDER by Judge James H. Payne: Denying #3 Motion for Appointment of Counsel. (acg, Deputy Clerk) Modified on 1/8/2019 to edit judge (dma, Deputy Clerk).
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FILING FEES Paid in Full on 1/2/2019 in the amount of $5, receipt number 16196 (Re: #1 PETITION for Writ of Habeas Corpus - 2254) by Jason Scott Smith (pjw, Deputy Clerk)
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Filing 8
MINUTE ORDER by Magistrate Judge Kimberly E. West :Granting #7 petitioner's Motion for extension of time to pay filing fee which is due by 1/14/2019 (acg, Deputy Clerk)
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Filing 7
MOTION for extension of time to pay filing fee by Jason Scott Smith Responses due by 1/9/2019(acg, Deputy Clerk)
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Filing 6
ORDER by District Judge James H. Payne: Denying #2 Motion for Leave to Proceed in Forma Pauperis, Filing Fee due by 1/7/2019(acg, Deputy Clerk)
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Filing 5
MINUTE ORDER by Magistrate Judge Kimberly E. West: Substituting Michael Wade, Warden, as the respondent in this case. Petitioner currently is incarcerated at Jim E. Hamilton Correctional Center in Hodgen, Oklahoma, and Michael Wade 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 Jason S. Smith, Petitioner, v. Michael Wade, Warden, Respondent.(acg, Deputy Clerk)
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Filing 4
MINUTE ORDER by Magistrate Judge Kimberly E. West: Construing Petitioner's petition for a writ of habeas corpus under 28 U.S.C. 2254 as arising under 28 U.S.C. 2241. Petitioner is challenging the execution of his sentence and requesting immediate release from custody. See McIntosh v. United States Parole Comm'n, 115 F.3d 809, 811-12 (10th Cir. 1997); Bradshaw v. Story, 86 F.3d 164, 166 (10th Cir. 1996).(acg, Deputy Clerk)
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Filing 3
MOTION for Appointment of Counsel by Jason Scott Smith Responses due by 1/2/2019(acg, Deputy Clerk)
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Filing 2
MOTION for Leave to Proceed in Forma Pauperis by Jason Scott Smith Responses due by 1/2/2019(acg, Deputy Clerk)
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Filing 1
PETITION for Writ of Habeas Corpus - 2254 by Jason Scott Smith (acg, Deputy Clerk)
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