Baker v. Breslin
| Tammera Baker |
| State of Oklahoma and Gregory P. Breslin |
| 6:2021cv00052 |
| February 22, 2021 |
| US District Court for the Eastern District of Oklahoma |
| Kimberly E West |
| Ronald A White |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 7
OPINION AND ORDER by District Judge Ronald A. White, transferring case to the Northern District of Oklahoma. (case terminated) (acg, Deputy Clerk)
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| ***Remark: Transferred case opened in Northern District of Oklahoma, case Number 4:21-cv-00126, filed 3/22/2021 (Re: #7 Opinion and Order, Transferring Case ) (jcb, Deputy Clerk) |
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Filing 6
MINUTE ORDER by District Judge Ronald A. White: Petitioner has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241, challenging the validity of her unspecified convictions. According to the Oklahoma Department of Corrections website at https://okoffender.doc.ok.gov, Petitioner was convicted in Delaware County District Court Case No. CF-2017-157. See Triplet v. Franklin, 365 F. Appx 86, 92, 2010 WL 409333, at *6 n.8 (10th Cir. Feb. 5, 2010) (The Court may take judicial notice of the ODOC website pursuant to Fed. R. Evid. 201.). Because Petitioner is challenging the validity of her convictions, the Court hereby construes Petitioners habeas corpus petition as arising under 28 U.S.C. 2254. See Montez v. McKinna, 208 F.3d 862, 865 (10th Cir. 2000) (stating that a 2254 petition challenges the validity of a conviction or sentence, and a 2241 petition attacks the execution of a sentence). (acg, Deputy Clerk)
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Filing 5
MINUTE ORDER by Magistrate Judge Kimberly E. West: Substituting Gregory P. Breslin, Warden, as the respondent in this case. Petitioner currently is incarcerated at Eddie Warrior Correctional Center in Taft, Oklahoma, and Gregory P. Breslin 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 Tammera Baker, Petitioner, v. Gregory P. Breslin, Warden, Respondent.(acg, Deputy Clerk)
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| FILING FEES Paid in Full on 3/8/2021 in the amount of $5, receipt number 18913 (Re: #1 PETITION for Writ of Habeas Corpus - 2241 ) by Tammera Baker (jcb, Deputy Clerk) |
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Filing 4
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 3/15/21. 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 3
MINUTE ORDER by District Judge Ronald A. White, 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-21-52-RAW-KEW. (acg, Deputy Clerk)
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| Filing 2 MOTION for Immediate Habeas Corpus Release based on order by Tammera Baker Responses due by 3/8/2021(acg, Deputy Clerk) |
| Filing 1 PETITION for Writ of Habeas Corpus - 2241 by Tammera Baker (acg, Deputy Clerk) |
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