Allen v. Crow et al
Petitioner: Desiray J Allen
Respondent: Scott Crow and Jacqueline P Duncan
Case Number: 6:2019cv00368
Filed: October 31, 2019
Court: US District Court for the Eastern District of Oklahoma
Office: Muskogee Office
Presiding Judge: James H Payne
Referring Judge: Kimberly E West
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 22, 2019 Filing 17 MOTION to Dismiss Case for Failure to State a Claim by Scott Crow (With attachments) Responses due by 12/6/2019(Brisolara, Ammon)
November 22, 2019 Filing 16 ATTORNEY APPEARANCE by Ammon J. Brisolara on behalf of Scott Crow (Brisolara, Ammon)
November 4, 2019 Opinion or Order Filing 15 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. (Re: #6 ) (acg, Deputy Clerk)
November 4, 2019 Opinion or Order Filing 14 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-19-368-JHP-KEW. (acg, Deputy Clerk)
October 31, 2019 Filing 13 CASE TRANSFERRED IN from the Oklahoma Western
October 30, 2019 Opinion or Order Filing 12 ORDER ADOPTING #11 REPORT AND RECOMMENDATION. This action is transferred to the United States District Court for the Eastern District of Oklahoma. Signed by Honorable Charles Goodwin on 10/30/2019. (jb) [Transferred from okwd on 10/31/2019.]
September 5, 2019 Filing 11 REPORT AND RECOMMENDATION the undersigned recommends that the interest of justice warrants the transfer of this matter to the United States District Court for the Eastern District of Oklahoma. re #6 Petition for Writ of Habeas Corpus (Amended) filed by Desiray J Allen ( Objections to R&R due by 9/26/2019), This Report and Recommendation terminates the referral of this matter to the undersigned.. Signed by Magistrate Judge Suzanne Mitchell on 9/5/2019. (sr) [Transferred from okwd on 10/31/2019.]
August 29, 2019 Opinion or Order Filing 10 ORDER ADOPTING #8 REPORT AND RECOMMENDATION. Petitioner's application for leave to proceed in forma pauperis (Doc. No. #7 ) is DENIED. This matter is re-referred to Judge Mitchell for all proceedings consistent with the original referral. Signed by Honorable Charles Goodwin on 08/29/2019. (jb) [Transferred from okwd on 10/31/2019.]
August 6, 2019 Filing 9 Receipt for Money Received from Desiray J Allen in the amount of $5.00, receipt number OKW500075463 regarding #1 Petition for Writ of Habeas Corpus. (ank) [Transferred from okwd on 10/31/2019.]
July 26, 2019 Opinion or Order Filing 8 REPORT AND RECOMMENDATION the undersigned recommends that Petitioner's application be denied. The undersigned further recommends the dismissal without prejudice of this action unless Petitioner pays the $5 filing fee in full to the Clerk of Court within twenty-one (21) days of any order adopting this Report and Recommendation.re #7 MOTION for Leave to Proceed in forma pauperis filed by Desiray J Allen Objections to R&R due by 8/16/2019. This Report and Recommendation disposes of all issues and terminates the referral to the undersigned Magistrate Judge in the captioned matter. Signed by Magistrate Judge Suzanne Mitchell on 7/26/2019. (sr) [Transferred from okwd on 10/31/2019.]
July 26, 2019 Magistrate Judge Suzanne Mitchell no longer assigned to case. (sr) [Transferred from okwd on 10/31/2019.]
July 24, 2019 Filing 7 MOTION for Leave to Proceed in forma pauperis by Desiray J Allen. Motions referred to Suzanne Mitchell. (Attachments: #1 Envelope)(ank) [Transferred from okwd on 10/31/2019.]
July 24, 2019 Filing 6 AMENDED PETITION for Writ of Habeas Corpus terminating Jacqueline P Duncan (Judge) filed by Desiray J Allen. (Attachments: #1 Envelope)(ank) [Transferred from okwd on 10/31/2019.]
July 9, 2019 Opinion or Order Filing 5 ORDER TO CURE DEFICIENCIES Petitioner has neither paid the filing fee in accordance with 1914(a) and LCvR3.2, nor submitted an application for leave to proceed in forma pauperis in accordance with 1915(a)(2) and LCvR3.3, 3.5. Accordingly, the undersigned orders Petitioner to cure the deficiencies designated above by July 29, 2019. re #1 Petition for Writ of Habeas Corpus, filed by Desiray J Allen. Signed by Magistrate Judge Suzanne Mitchell on 7/9/2019. (sr) [Transferred from okwd on 10/31/2019.]
July 5, 2019 Filing 4 NOTICE of Change of Address by Desiray J Allen (Attachments: #1 Attachment 1 - Facility Assignment Form, #2 Attachment 2 - Judgment and Sentence, #3 Attachment 3 - Motion to Dismiss CF-2003-481, #4 Attachment 4 - Summary Opinion, #5 Attachment 5 - Judgment CR-04-32-M, #6 Envelope)(ank) [Transferred from okwd on 10/31/2019.]
June 27, 2019 Filing 3 ENTER ORDER REFERRING CASE to Magistrate Judge Suzanne Mitchell. Signed by the direction of the Honorable Charles Goodwin on 06/27/2019. (ank) [Transferred from okwd on 10/31/2019.]
June 27, 2019 Filing 2 PREVIOUS Cases (ank) [Transferred from okwd on 10/31/2019.]
June 27, 2019 Filing 1 PETITION for Writ of Habeas Corpus filed by Desiray J Allen. (Attachments: #1 Exhibit 1 - OK State Dept of Corr. Record Card, #2 Exhibit 2 - Grievance Rqst to Staff, #3 Exhibit 3 - Motion Denied Notice (CF-2004-00118), #4 Exhibit 4 - Judgment and Sentence, #5 Envelope)(ank) [Transferred from okwd on 10/31/2019.]
June 27, 2019 Notice of Mailing LCvR5.4/Change of Address form, #1 , and #3 to Desiray J Allen #457034 MCALESTER-OSP United States Penitentiary P O Box 97 McAlester, OK 74502-0097 (ank) [Transferred from okwd on 10/31/2019.]

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Petitioner: Desiray J Allen
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Respondent: Scott Crow
Represented By: Ammon J. Brisolara
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Respondent: Jacqueline P Duncan
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