Labansat v. Bryant
| Richard Labansat |
| Carter County, Carter County, OK and Chris Bryant |
| 6:2021cv00360 |
| December 6, 2021 |
| US District Court for the Eastern District of Oklahoma |
| John F Heil |
| Kimberly E West |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on January 31, 2022. A more recent docket listing may be available from PACER.
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| Filing 12 RESPONSE to Order to Show Cause (Re: #10 Order Directing Respondent to Show Cause re: PWHC) by Chris Bryant, Carter County, OK (With attachments)(Handke, Melissa) |
| Filing 11 ATTORNEY APPEARANCE by Melissa G. Handke on behalf of Chris Bryant, Carter County, OK (Handke, Melissa) |
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 2/11/2022) (Re: #5 PETITION for Writ of Habeas Corpus - 2241 ) (acg, Deputy Clerk)
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Filing 9
MINUTE ORDER by Magistrate Judge Kimberly E. West: Substituting Chris Bryant, Carter County Sheriff, as the respondent in this case. The proper respondent in a habeas petition is the petitioners custodian. Harris v. Champion, 51 F.3d 901, 906 (10th Cir. 1995) (citing 28 U.S.C. 2243; Braden v. 30th Judicial Circuit Ct. of Ky., 410 U.S. 484, 494-95 (1973)). The case name is hereby changed to Richard Labansat, Petitioner, v. Chris Bryant, Sheriff, Respondent. (acg, Deputy Clerk)
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| FILING FEES Paid in Full on 1/11/2022 in the amount of $5, receipt number 19811 (Re: #5 PETITION for Writ of Habeas Corpus - 2241 ) by Richard Labansat (tjm, Deputy Clerk) |
| Filing 8 SUPPLEMENT (Re: #5 PETITION for Writ of Habeas Corpus - 2241 ) by Richard Labansat (acg, Deputy Clerk) |
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Filing 7
ORDER by District Judge John F. Heil, III denying #6 Motion for Leave to Proceed in Forma Pauperis. Filing Fee due by 1/17/2022. (kdc, Deputy Clerk)
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| Filing 6 MOTION for Leave to Proceed in Forma Pauperis by Richard Labansat (With attachments) Responses due by 1/6/2022(tjm, Deputy Clerk) |
| Filing 5 AMENDED PETITION for Writ of Habeas Corpus - 2241 by Richard Labansat (With attachments)(tjm, Deputy Clerk) |
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Filing 4
MINUTE ORDER by Magistrate Judge Kimberly E. West: Upon review of the file, the Court finds the petitioner has not submitted a proper petition for a writ of habeas corpus. The petitioner is directed to file a proper amended petition on this Courts form within twenty (20) days or by 12/27/21. The amended petition will replace the original petition, and it must include all claims and supporting material to be considered by the Court, without reference to the original petition. See Local Civil Rule 9.2(c). In addition, the amended petition must have an original signature and a signed declaration of perjury. The Court Clerk is directed to provide the petitioner with a form for filing an amended habeas corpus petition and instruction sheet. Failure to comply with this Order may result in dismissal of this action without further notice. (acg, Deputy Clerk)
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Filing 3
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 12/27/21. 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 2
MINUTE ORDER by District Judge John F. Heil, III, 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-21-360-JFH-KEW. (acg, Deputy Clerk)
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| Filing 1 PETITION for Writ of Habeas Corpus - 2254 by Richard Labansat (With attachments)(acg, Deputy Clerk) |
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