Brown v. Bear

Brown v. Bear

Petitioner:	Billy Brown
Respondent:	Carl Bear
Case Number:	4:2017cv00651
Filed:	December 4, 2017
Court:	US District Court for the Northern District of Oklahoma
Office:	Tulsa Office
County:	Cleveland
Presiding Judge:	John E Dowdell
Presiding Judge:	Frank H McCarthy
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
September 21, 2018	Filing 13 OPINION AND ORDER by Judge John E Dowdell Respondent's "motion to dismiss pursuant to Younger v. Harris, 401 U.S. 37 (1971), and for failure to exhaust necessary state court remedies" (Doc. 10) is denied. Within thirty (30) days of the entry of this Order, or by October 22, 2018, Petitioner may file a brief demonstrating either "cause and prejudice" or a "fundamental miscarriage of justice" to excuse his procedural default of his Ground 4 claim. Responden t may file a response within thirty (30) days after the filing of Petitioner's brief. Within thirty (30) days of the entry of this Order, or by October 22, 2018, Respondent shall file a response to the habeas petition addressing the claims raise d in Grounds 1, 2 and 3 of the habeas petition. Petitioner may file a reply brief within thirty (30) days after the filing of Respondent's response to the petition. ; setting/resetting deadline(s)/hearing(s): ( Responses due by 10/22/2018); denying 10 Motion to Dismiss (Re: 1 PETITION for Writ of Habeas Corpus - 2254 ) (SAS, Chambers)

Date Filed

Document Text

September 21, 2018

Filing 13 OPINION AND ORDER by Judge John E Dowdell Respondent's "motion to dismiss pursuant to Younger v. Harris, 401 U.S. 37 (1971), and for failure to exhaust necessary state court remedies" (Doc. 10) is denied. Within thirty (30) days of the entry of this Order, or by October 22, 2018, Petitioner may file a brief demonstrating either "cause and prejudice" or a "fundamental miscarriage of justice" to excuse his procedural default of his Ground 4 claim. Responden t may file a response within thirty (30) days after the filing of Petitioner's brief. Within thirty (30) days of the entry of this Order, or by October 22, 2018, Respondent shall file a response to the habeas petition addressing the claims raise d in Grounds 1, 2 and 3 of the habeas petition. Petitioner may file a reply brief within thirty (30) days after the filing of Respondent's response to the petition. ; setting/resetting deadline(s)/hearing(s): ( Responses due by 10/22/2018); denying 10 Motion to Dismiss (Re: 1 PETITION for Writ of Habeas Corpus - 2254 ) (SAS, Chambers)

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Petitioner: Billy Brown
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Respondent: Carl Bear
Represented By:	Thomas Lee Tucker
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