Rodgers v. Chennault et al
| Deboraugh Rodgers |
| Cherokee County Detention Center, Jason Chennault and Cherokee Nation Supreme Court |
| 6:2022cv00237 |
| August 25, 2022 |
| US District Court for the Eastern District of Oklahoma |
| John F Heil |
| Kimberly E West |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Document Text |
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| Filing 7 SECOND AMENDED PETITION for Writ of Habeas Corpus - 2241 by Deboraugh Rodgers. (jls, Deputy Clerk) |
| Filing 6 AMENDED PETITION for Writ of Habeas Corpus - 2241 by Deboraugh Rodgers. (jls, Deputy Clerk) |
| Filing 5 NOTICE of Change of Address by Deboraugh Rodgers. (jls, Deputy Clerk) |
Filing 4
MINUTE ORDER by Magistrate Judge Kimberly E. West: Substituting Jason Chennault, Cherokee County Sheriff, and the Cherokee Nation Supreme Court as respondents in this case. The proper respondent in a habeas petition is the petitioner's custodian. See 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U.S. 484, 494-95 (1973)); Von Kahl v. United States, 321 F. Appx 724, 727 n.1, 2009 WL 799024, at *1 (Mar. 27, 2009) (unpublished) (A 2241 petition is properly addressed to the person with custody over the petitioner, pursuant to 28 U.S.C. 2242). Petitioner Deboraugh Rodgers is incarcerated at the Cherokee County Detention Center in Tahlequah, Oklahoma, and Jason Chennault is the sheriff over that facility. Petitioner alleges she has been charged with crimes she did not commit by the Cherokee Nation Supreme Court in Tahlequah, which lacks jurisdiction over her. She further asserts the United Keetoowah Band Court actually does have jurisdiction over her. The case name is hereby changed to Deboraugh Rodgers, Petitioner, v. Jason Chennault, Cherokee County Sheriff, and the Cherokee Nation Supreme Court.(acg, Deputy Clerk)
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Filing 3
MINUTE ORDER by Magistrate Judge Kimberly E. West: Construing this action as arising under 28 U.S.C. 2241, because Petitioner is challenging her pretrial detention. See Walck v. Edmondson, 472 F.3d 1227, 1235 (10th Cir. 2007) (citations omitted) ([A] a state court defendant attacking [her] pretrial detention should bring a habeas petition pursuant to the general grant of habeas authority contained within 28 U.S.C. 2241.). Petitioner is directed to submit within twenty-one (21) days a proper habeas corpus petition pursuant to 28 U.S.C. 2241 on the Courts form. The Court Clerk is directed to send Petitioner a copy of this Courts 2241 habeas corpus form to complete and file with this Court by September 19, 2022(acg, Deputy Clerk)
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| FILING FEES Paid in Full on 8/25/2022 in the amount of $5, receipt number 20475 (Re: #1 PETITION for Writ of Habeas Corpus - 2254). (jls, 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-22-237-JFH-KEW. (acg, Deputy Clerk)
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| Filing 1 PETITION for Writ of Habeas Corpus - 2254 by Deboraugh Rodgers (acg, Deputy Clerk) |
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