Smith v. Whitaker et al
Petitioner: Lincoln Smith
Respondent: Barbara Owlett, US Department of Homeland Security, Matthew Whitaker and Kirstjen Nielsen
Case Number: 4:2020cv00060
Filed: February 12, 2020
Court: US District Court for the Northern District of Oklahoma
Presiding Judge: Claire V Eagan
Referring Judge: Jodi F Jayne
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28:2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 12, 2020 Filing 16 MINUTE ORDER by Court Clerk , changing case number to 20-CV-60-CVE-JFJ (This entry is the Official Order of the Court. No document is attached.) (sc, Dpty Clk)
February 12, 2020 Filing 15 CASE TRANSFERRED IN from Oklahoma Eastern
February 12, 2020 Opinion or Order Filing 14 ORDER by Judge Ronald A. White transferring case to the United States District Court for the Northern District of Oklahoma (case terminated) (lal, Deputy Clerk) [Transferred from Oklahoma Eastern on 2/12/2020.]
February 10, 2020 Filing 13 SUPPLEMENT (Re: #7 Motion to Dismiss) by Kirstjen Nielsen, Barbara Owlett, US Department of Homeland Security, Matthew Whitaker (Triplett, Cheryl) Modified on 2/12/2020 to edit link (dma, Deputy Clerk). [Transferred from Oklahoma Eastern on 2/12/2020.]
January 30, 2020 Opinion or Order Filing 12 MINUTE ORDER by Judge Ronald A. White directing Respondent to supplement its #7 Motion to Dismiss by 2/10/20 to inform the court of any developments in Petitioner's status (dma, Deputy Clerk) [Transferred from Oklahoma Eastern on 2/12/2020.]
December 13, 2019 Filing 11 MOTION to Compel and MOTION to Expedite Ruling (entitled "Motion to Compel for Failure to Exhaust State Remedies and Reconsideration to Expedite") (Re: #1 Petition for Writ of Habeas Corpus) by Lincoln Smith (With attachments) Responses due by 12/27/2019(lal, Deputy Clerk) [Transferred from Oklahoma Eastern on 2/12/2020.]
August 21, 2019 Filing 10 RESPONSE to Motion (Re: #7 MOTION to Dismiss ) by Lincoln Smith (With attachments)(lal, Deputy Clerk) [Transferred from Oklahoma Eastern on 2/12/2020.]
August 5, 2019 Opinion or Order Filing 9 ORDER by Judge Ronald A. White directing Plaintiff to file a Response to #7 MOTION to Dismiss no later than 8/19/2019. (tls, Deputy Clerk) [Transferred from Oklahoma Eastern on 2/12/2020.]
May 9, 2019 Filing 8 NOTICE of Change of Address by Lincoln Smith (With attachments) (cjt, Deputy Clerk) [Transferred from Oklahoma Eastern on 2/12/2020.]
May 3, 2019 Filing 7 MOTION to Dismiss by Kirstjen Nielsen, Barbara Owlett, US Department of Homeland Security, Matthew Whitaker (With attachments) *** Part 2 of two part document. (See pleading #6 ); Responses due by 5/17/2019 (dma, Deputy Clerk) [Transferred from Oklahoma Eastern on 2/12/2020.]
May 3, 2019 Filing 6 RESPONSE in Opposition to Motion (Re: #1 Petition for Writ of Habeas Corpus) by Kirstjen Nielsen, Barbara Owlett, US Department of Homeland Security, Matthew Whitaker (With attachments) *** Part 1 of two part document. (See pleading #7 ) [NOTE: Attorney Cheryl R. Triplett added to parties Kirstjen Nielsen, Barbara Owlett, US Department of Homeland Security and Matthew Whitaker (Triplett, Cheryl) Modified on 5/8/2019 to edit text (dma, Deputy Clerk). [Transferred from Oklahoma Eastern on 2/12/2020.]
March 18, 2019 FILING FEES Paid in Full on 3/18/2019 in the amount of $5, receipt number 16509 (Re: #1 ) by Lincoln Smith (pjw, Deputy Clerk) [Transferred from Oklahoma Eastern on 2/12/2020.]
February 26, 2019 Opinion or Order Filing 5 MINUTE ORDER by Judge Ronald A. White directing petitioner to pay the filing fee of $5.00 or submit an Application to Proceed in District Court Without Prepaying Fees or Costs no later than 3/18/2019. The Clerk of Court is directed to provide petitioner with the applicable form along with this minute order.(lal, Deputy Clerk) [Transferred from Oklahoma Eastern on 2/12/2020.]
February 26, 2019 Opinion or Order Filing 4 ORDER by Judge Ronald A. White directing Respondents to respond to #1 Petition for Writ of Habeas Corpus within sixty (60) days of service of this order (dma, Deputy Clerk) [Transferred from Oklahoma Eastern on 2/12/2020.]
February 20, 2019 Filing 3 CASE TRANSFERRED IN from the New York Southern [Transferred from Oklahoma Eastern on 2/12/2020.]
February 14, 2019 Mailed a copy of #2 Order, to Lincoln Smith 111 S. Alabama Okmulgee, OK 74447. (vba) [Transferred from nysd on 2/20/2019.] [Transferred from Oklahoma Eastern on 2/12/2020.]
February 13, 2019 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of Oklahoma (rjm) [Transferred from nysd on 2/20/2019.] [Transferred from Oklahoma Eastern on 2/12/2020.]
February 13, 2019 Opinion or Order Filing 2 TRANSFER ORDER. In the interest of justice, this Court transfers this petition to the Eastern District of Oklahoma. See 28 U.S.C. 1406(a). The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Petitioner, and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Eastern District of Oklahoma. Whether Petitioner should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. This order closes this case. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Colleen McMahon on 2/13/2019) (rjm) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from nysd on 2/20/2019.] [Transferred from Oklahoma Eastern on 2/12/2020.]
February 13, 2019 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) [Transferred from nysd on 2/20/2019.] [Transferred from Oklahoma Eastern on 2/12/2020.]
February 12, 2019 Case Designated ECF. (rdz) [Transferred from nysd on 2/20/2019.] [Transferred from Oklahoma Eastern on 2/12/2020.]
February 12, 2019 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Lincoln Smith.(rdz) [Transferred from nysd on 2/20/2019.] [Transferred from Oklahoma Eastern on 2/12/2020.]

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Respondent: Barbara Owlett
Represented By: Cheryl R Triplett
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Respondent: US Department of Homeland Security
Represented By: Cheryl R Triplett
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Respondent: Matthew Whitaker
Represented By: Cheryl R Triplett
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Respondent: Kirstjen Nielsen
Represented By: Cheryl R Triplett
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Petitioner: Lincoln Smith
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