Brooks-Gage v. Crow
| Scotty Ladell Brooks-Gage and Scotty Ladell Gage-Books |
| Oklahoma, State of and Scott Crow |
| 6:2019cv00347 |
| October 17, 2019 |
| US District Court for the Eastern District of Oklahoma |
| Muskogee Office |
| James H Payne |
| Kimberly E West |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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| Filing 15 ATTORNEY APPEARANCE by Sheri M. Johnson on behalf of Scott Crow (Johnson, Sheri) |
Filing 14
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 12/23/2019. (Re: #10 )(acg, Deputy Clerk)
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| FILING FEES Paid in Full on 11/22/2019 in the amount of $5, receipt number 17460 (Re: #10 PETITION for Writ of Habeas Corpus - 2254) by Scotty Ladell Brooks-Gage. (nm, Deputy Clerk) |
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Filing 13
ORDER by District Judge James H. Payne: Denying #11 Motion for Leave to Proceed in Forma Pauperis, Filing Fee due by 11/25/2019(acg, Deputy Clerk) Modified on 11/6/2019 to edit text (dma, Deputy Clerk).
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Filing 12
MINUTE ORDER by Magistrate Judge Kimberly E. West: Substituting Scott Crow, Interim DOC Director, as the respondent in this case. Petitioner currently is incarcerated at Cimarron Correctional Facility, a private prison in Cushing, Oklahoma. 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 Scotty Ladell Gage-Brooks, Petitioner v. Scott Crow, Interim DOC Director, Respondent.(acg, Deputy Clerk)
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| Filing 11 MOTION for Leave to Proceed in Forma Pauperis by Scotty Ladell Brooks-Gage Responses due by 11/18/2019(acg, Deputy Clerk) |
| Filing 10 AMENDED PETITION for Writ of Habeas Corpus - 2254 by Scotty Ladell Brooks-Gage (acg, Deputy Clerk) |
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Filing 9
MINUTE ORDER by Magistrate Judge Kimberly E. West: Before transferring this action to the Eastern District of Oklahoma, the District Court for the Western District of Oklahoma construed Petitioner's "certificate motion to 'appeal under COA' move demanding to appeal a subsequent application for post-conviction relief" #1 as a petition for a writ of habeas corpus under 28 U.S.C. 2254, challenging his conviction in Pontotoc County District Court Case No. CF-2006-433 #4 . Petitioner, therefore, is directed to complete and return within fourteen (14) days this Courts form for filing a habeas corpus petition under 28 U.S.C. 2254. The Court Clerk is directed to send Petitioner the proper form for filing a 2254 petition in this Court. Failure to comply with this Order will result in dismissal of this action without prejudice and without further notice (acg, Deputy Clerk)
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Filing 8
MINUTE ORDER by Magistrate Judge Kimberly E. West: Upon review of the file in this case, the Court finds that the petitioner has not submitted a proper motion for leave to proceed in forma pauperis or paid the $5.00 filing fee. The petitioner is directed to submit a properly executed motion for leave to proceed in forma pauperis, with original signature and have the Trust Fund Officer at his/her facility complete (with an original signature) the Required Certification (Page 3) and provide a current 6-month financial accounting statement and return the completed motion to the Office of the Clerk or pay the filing fee of $5.00 within 20 days or by 11/3/19. The Clerk is directed to provide the plaintiff with a motion for leave to proceed in forma pauperis form and an instruction sheet.(acg, Deputy Clerk)
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Filing 7
MINUTE ORDER by District Judge James H. Payne, referring case to Magistrate Judge Kimberly E. West for all further proceedings in accordance with jurisdiction pursuant to 28 USC 636. All future filings shall bear the case number CIV-19-347-JHP-KEW. (acg, Deputy Clerk)
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| Filing 6 CASE TRANSFERRED IN from the Oklahoma Western |
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Filing 5
ORDER ADOPTING REPORT AND RECOMMENDATION for #4 Report and Recommendation. the Court finds that this action should be transferred to the United States District Court for the Eastern District of Oklahoma for all further proceedings pursuant to USC 28:1404(a).. Signed by Honorable Timothy D. DeGiusti on 10/17/19. (kmt) [Transferred from okwd on 10/17/2019.]
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| Filing 4 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by Scotty Ladell Brooks-Gage. The undersigned recommends the transfer of this action to the United States District Court for the Eastern District of Oklahoma for all further proceedings. Objections to R&R due by 10/3/2019. This Report and Recommendation disposes of all issues and terminates the referral to the Magistrate Judge. Signed by Magistrate Judge Suzanne Mitchell on 9/12/19. (lb) [Transferred from okwd on 10/17/2019.] |
| Filing 3 ENTER ORDER REFERRING CASE to Magistrate Judge Suzanne Mitchell. Signed by the direction of Honorable Timothy D. DeGiusti on 9/11/19. (kmt) [Transferred from okwd on 10/17/2019.] |
| Filing 2 NO PREVIOUS Cases (kmt) [Transferred from okwd on 10/17/2019.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Scotty Ladell Brooks-Gage. (Attachments: #1 Attachment 1 - State Court Documents, #2 Envelope)(kmt) [Transferred from okwd on 10/17/2019.] |
| Notice of Mailing LCvR5.4/Change of Address form, #1 PETITION for Writ of Habeas Corpus, #3 Enter Order Referring Case, to: Scotty Ladell Brooks-Gage #408036 CUSHING-CCF 3200 S Kings Hwy Cushing, OK 74023-5337 (kmt) [Transferred from okwd on 10/17/2019.] |
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