Mitchell v. Chennault et al
| Daniel Lee Mitchell |
| Cherokee Nation, Jason Chennault and Sara Hill |
| 6:2022cv00369 |
| December 16, 2022 |
| US District Court for the Eastern District of Oklahoma |
| Kimberly E West |
| Ronald A White |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.
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Filing 12
MAIL to Daniel Lee Mitchell Returned - marked Unable to Forward - Released. (Re: 9 Minute Order) (jld, Deputy Clerk)
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Filing 11
MAIL to Daniel Lee Mitchell Returned - marked Unable to Forward. (Re: #10 Ruling on Motion for Appointment of Counsel ) (jld, Deputy Clerk) (jld, Deputy Clerk).
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Filing 10
OPINION AND ORDER by District Judge Ronald A. White denying #7 Motion for Appointment of Counsel. (acg, Deputy Clerk)
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Filing 9
MINUTE ORDER by Magistrate Judge Kimberly E. West: Petitioner alleges he is being held in the Cherokee County Detention Center pursuant to charges by the Cherokee Nation in Case No. CF-2021-1345. 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U.S. 484, 494-95 (1973)); Von Kahl v. United States, 321 F. App'x 724, 727 n.1, 2009 WL 799024, at *1 (Mar. 27, 2009) (unpublished) (A 2241 petition is properly addressed to the person with custody over the petitioner, pursuant to 28 U.S.C. 2242). Therefore, Jason Chennault, Cherokee County Sheriff, and Sara Hill, Cherokee Nation Attorney General, are substituted as respondents. The case name is changed to Daniel Lee Mitchell, Petitioner, v. Jason Chennault, Sheriff, and Sara Hill, Cherokee Nation Attorney General, Respondents. (acg, Deputy Clerk)
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Filing 8
LETTER from Plaintiff to Northern District of Oklahoma (this letter was emailed to us from NDOK) by Daniel Lee Mitchell (acg, Deputy Clerk)
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Filing 7
MOTION for Appointment of Counsel by Daniel Lee Mitchell Responses due by 1/19/2023(acg, Deputy Clerk)
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Filing 6
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-22-369-RAW-KEW. (acg, Deputy Clerk)
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Filing 5
CASE TRANSFERRED IN from the Oklahoma Northern
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***Civil Case Terminated (Documents Terminated: #1 PETITION for Writ of Habeas Corpus - 2241 ) (see document number #4 ) (sc, Dpty Clk) [Transferred from oknd on 12/19/2022.]
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Filing 4
ORDER by Judge Claire V Eagan - ORDER STRIKING DOCUMENT AND TRANSFERRING CASE - The motion for leave to proceed in forma pauperis (Dkt. # 2) is granted; the motion for preliminary injunction and temporary restraining order (Dkt. # 3) is stricken; the Clerk of Court shall send to Mitchell one blank civil rights complaint (form PRIS-14), along with instructions for completing the form, and one blank motion for leave to proceed in forma pauperis (form AO-240); and this case is transferred to the United States District Court for the Eastern District of Oklahoma for all further proceedings. ; striking/withdrawing document(s); directing court clerk to take action; transferring case (terminates case) ; granting #2 Motion for Leave to Proceed in Forma Pauperis (Re: #3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order , #1 PETITION for Writ of Habeas Corpus - 2241 , #2 MOTION for Leave to Proceed in Forma Pauperis ) (Documents Terminated: #3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order ) (RGG, Chambers) [Transferred from oknd on 12/19/2022.]
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***Remark: per dkt #4 one blank civil rights complaint (form PRIS-14), along with instructions for completing the form, and one blank motion for leave to proceed in forma pauperis (form AO-240) mailed to Daniel Lee Mitchell (Re: #4 Order,,,,, Striking/Withdrawing Document(s),,,,, Directing Court Clerk to Take Action,,,,, Transferring Case,,,,,,,,,, Ruling on Motion to Proceed in Forma Pauperis,,,, ) (lmt, Dpty Clk) [Transferred from oknd on 12/19/2022.]
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Filing 3
MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by Daniel Lee Mitchell (sc, Dpty Clk) Modified on 12/16/2022-- STRICKEN per #4 (sc, Dpty Clk). [Transferred from oknd on 12/19/2022.]
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Filing 2
MOTION for Leave to Proceed in Forma Pauperis by Daniel Lee Mitchell (lmt, Dpty Clk) [Transferred from oknd on 12/19/2022.]
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Filing 1
PETITION for Writ of Habeas Corpus - 2241 by Daniel Lee Mitchell (lmt, Dpty Clk) [Transferred from oknd on 12/19/2022.]
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