Herd v. Sharp
| Byron Craig Herd |
| Tommy Sharp and State of Oklahoma |
| 4:2021cv00019 |
| January 12, 2021 |
| US District Court for the Northern District of Oklahoma |
| Tulsa Office |
| John F Heil |
| Christine D Little |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on September 8, 2022. A more recent docket listing may be available from PACER.
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Filing 14
MINUTE ORDER by Court Clerk , changing case number to 21-CV-19-JFH-CDL (This entry is the Official Order of the Court. No document is attached.) (sc, Dpty Clk)
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Filing 13
CASE TRANSFERRED IN from Oklahoma Eastern Modified on 1/13/2021 to correct transfer in date (sc, Dpty Clk).
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Filing 12
OPINION AND ORDER by District Judge Ronald A. White : Transferring case to the Northern District of Oklahoma. (case terminated) (acg, Deputy Clerk) [Transferred from Oklahoma Eastern on 1/13/2021.]
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Filing 11
MINUTE ORDER by District Judge Ronald A. White : Denying #9 without prejudice Petitioners motion for summary judgment. Summary judgment is appropriate when "there is no genuine dispute as to any material fact and... the movant is entitled to judgment as a matter of law." Fed. R. Civ. P 56(a). In making that determination, a court "view[s] the evidence and draw[s] reasonable inferences therefrom in the light most favorable to the nonmoving party." Salazar v. City of Commerce City, 2013 WL 5303257 (10th Cir. 2013). Here, Petitioner has failed to allege or show there is no genuine dispute as to any material fact. (acg, Deputy Clerk) [Transferred from Oklahoma Eastern on 1/13/2021.]
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Filing 10
RESPONSE in Opposition to Motion (Re: #1 PETITION for Writ of Habeas Corpus - 2254 ) by Tommy Sharp ; (With attachments)(Willis, Ashley) [Transferred from Oklahoma Eastern on 1/13/2021.]
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Filing 9
MOTION for Summary Judgment Federal Courts new evidence requires diligence by Byron Craig Herd Responses due by 9/8/2020(acg, Deputy Clerk) [Transferred from Oklahoma Eastern on 1/13/2021.]
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Filing 8
MINUTE ORDER by Magistrate Judge Kimberly E. West: Granting #7 respondent's Motion to Extend Deadline to file a Pleading Responsive to the Petition for Writ of Habeas Corpus, due by 9/3/2020 (Re: #1 Petition for Writ of Habeas Corpus - 2254) (acg, Deputy Clerk) [Transferred from Oklahoma Eastern on 1/13/2021.]
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Filing 7
MOTION for Extension of Time to Respond to Motion (Re: #1 Petition for Writ of Habeas Corpus - 2254) by Tommy Sharp Responses due by 8/28/2020(Willis, Ashley) Modified on 8/17/2020 to edit event and add link (dma, Deputy Clerk). [Transferred from Oklahoma Eastern on 1/13/2021.]
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Filing 6
SUPPLEMENT (Re: #1 PETITION for Writ of Habeas Corpus - 2254 ) titled as a Motion exhaustion requirement. by Byron Craig Herd (acg, Deputy Clerk) [Transferred from Oklahoma Eastern on 1/13/2021.]
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Filing 5
ATTORNEY APPEARANCE by Ashley L. Willis on behalf of Tommy Sharp (Willis, Ashley) [Transferred from Oklahoma Eastern on 1/13/2021.]
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Filing 4
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 8/14/2020) (Re: #1 PETITION for Writ of Habeas Corpus - 2254) (acg, Deputy Clerk) [Transferred from Oklahoma Eastern on 1/13/2021.]
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Filing 3
MINUTE ORDER by Magistrate Judge Kimberly E. West: Substituting Tommy Sharp, Warden, as the respondent in this case. The respondent named in the petition are dismissed as improper parties. Petitioner currently is incarcerated at Oklahoma State Penitentiary in McAlester, Oklahoma, and Mike Carpenter is the warden of that facility. See Rule 2(a) of the Rules Governing Section 2254 Cases; Braden v. 30th Judicial Circuit Court of Ky., 410 U.S. 484, 494-95 (1973). The case name is hereby changed to Bryon C. Herd, Petitioner, v. Tommy Sharp, Warden, Respondent(acg, Deputy Clerk) [Transferred from Oklahoma Eastern on 1/13/2021.]
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Filing 2
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-20-203-RAW-KEW. (acg, Deputy Clerk) [Transferred from Oklahoma Eastern on 1/13/2021.]
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FILING FEES Paid in Full on 6/25/2020 in the amount of $5, receipt number 18159 (Re: #1 PETITION for Writ of Habeas Corpus - 2254 ) by Byron Craig Herd (jcb, Deputy Clerk) [Transferred from Oklahoma Eastern on 1/13/2021.]
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Filing 1
PETITION for Writ of Habeas Corpus - 2254 by Byron Craig Herd (With attachments)(jcb, Deputy Clerk) (supplement filed #6 ) Modified on 7/27/2020 (acg, Deputy Clerk). [Transferred from Oklahoma Eastern on 1/13/2021.]
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FILING FEES Paid in Full on 6/25/2020 in the amount of $5, receipt number OKE018159 (Re: #1 PETITION for Writ of Habeas Corpus - 2254 ) by Byron Craig Herd (jcb, Deputy Clerk) [Transferred from Oklahoma Eastern on 1/13/2021.]
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