Graham v. Regalado et al
| Kimberly Graham |
| Victor Regalado, Tracy Priddy and Tamika White |
| 4:2023cv00164 |
| April 25, 2023 |
| US District Court for the Northern District of Oklahoma |
| Claire V Eagan |
| Susan E Huntsman |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on June 30, 2023. A more recent docket listing may be available from PACER.
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Filing 17
MOTION to Stay by Tamika White (Crabb, Jennifer)
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Filing 16
NOTICE OF APPEAL to Circuit Court (paid $505 appeal fee; receipt number AOKNDC-2831188) (Re: #14 Opinion and Order,,,, Ruling on Petition for Writ of Habeas Corpus (2241/2254),,, ) by Tamika White (Crabb, Jennifer)
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***Civil Case Terminated (see document number #15 ) (lmt, Dpty Clk)
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Filing 15
JUDGMENT by Judge Claire V Eagan , entering judgment in favor of petitioner against respondent (terminates case) (Re: #14 Opinion and Order,,,, Ruling on Petition for Writ of Habeas Corpus (2241/2254),,, ) (RGG, Chambers)
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Filing 14
OPINION AND ORDER by Judge Claire V Eagan - The petition for writ of habeas corpus (Dkt. # 1) is granted, the original and reinstated judgments and sentences entered against Graham in Tulsa County District Court Case No. CF-2007-5987 are invalid and are hereby set aside, and any retrial in state court on the underlying charges in that case is barred. Respondent Tamika White shall immediately release Kimberly Graham, ODOC # 597059, from state custody. No later than 14 days after entry of this opinion and order, or on or before July, 6, 2023, counsel for respondent shall file written notice of compliance with the writ. A separate judgment shall be entered in this matter. ; granting #1 Petition for Writ of Habeas Corpus (2241/2254) (Re: #1 PETITION for Writ of Habeas Corpus - 2254 (paid $5 filing fee; receipt number AOKNDC-2799582) ) (RGG, Chambers)
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Filing 13
STATUS REPORT by Kimberly Graham (O'Carroll, Thomas)
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Filing 12
ORDER by Judge Claire V Eagan - Graham's unopposed motion to extend time to file status report filed May 31, 2023 (Dkt. # 11) is granted. Graham shall file the status report on or before June 12, 2023. ; setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 6/12/2023); granting #11 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (Re: #1 PETITION for Writ of Habeas Corpus - 2254 (paid $5 filing fee; receipt number AOKNDC-2799582), #10 Order,,, Setting/Resetting Deadline(s)/Hearing(s),,,,, #11 Unopposed MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) To File Status Report ) (RGG, Chambers)
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Filing 11
Unopposed MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) To File Status Report (Re: #10 Order,,, Setting/Resetting Deadline(s)/Hearing(s),,,,, ) by Kimberly Graham (O'Carroll, Thomas)
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Filing 10
ORDER by Judge Claire V Eagan - On or before May 31, 2023, petitioner shall file a status report informing the Court whether she has filed any request for relief in the United States Supreme Court related to the issues raised in this habeas action and, if so, providing the nature of relief sought, the date relief was sought, and the case number., setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 5/31/2023) (Re: #1 PETITION for Writ of Habeas Corpus - 2254 (paid $5 filing fee; receipt number AOKNDC-2799582) ) (RGG, Chambers)
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Filing 9
REPLY (Re: #8 Response in Opposition to Motion ) by Kimberly Graham (With attachments) (O'Carroll, Thomas)
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Filing 8
RESPONSE in Opposition to Motion (Re: #1 PETITION for Writ of Habeas Corpus - 2254 (paid $5 filing fee; receipt number AOKNDC-2799582) ) by Tamika White ; (With attachments) (Crabb, Jennifer)
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Filing 7
ATTORNEY APPEARANCE by Jennifer L Crabb on behalf of Tamika White [Note: Attorney Jennifer L Crabb added to party Tamika White(pty:res).] (Crabb, Jennifer)
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Filing 6
ATTORNEY APPEARANCE by Caroline Elizabeth Jane Hunt on behalf of Tamika White [Note: Attorney Caroline Elizabeth Jane Hunt added to party Tamika White(pty:res).] (Hunt, Caroline)
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Filing 5
ORDER by Judge Claire V Eagan - Sheriff Victor Regalado's motion to dismiss party respondent and brief in support filed May 8, 2023 (Dkt. # 4) is granted, and Sheriff Regalado is dismissed from this action as party respondent. Tamika White, Warden, is substituted in place of Tracy Priddy as party respondent. The Clerk of Court shall note this substitution on the record. ; terminating party Victor Regalado (Tulsa County Sheriff) ; directing court clerk to take action; granting #4 Motion to Dismiss Party (Re: #1 PETITION for Writ of Habeas Corpus - 2254 (paid $5 filing fee; receipt number AOKNDC-2799582), #4 MOTION to Dismiss Party Sheriff Vic Regalado ) (RGG, Chambers)
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Filing 4
MOTION to Dismiss Party Sheriff Vic Regalado by Victor Regalado [Note: Attorney Douglas Allen Wilson added to party Victor Regalado(pty:res).] (Wilson, Douglas)
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Filing 3
CIVIL COVER SHEET by Kimberly Graham (O'Carroll, Thomas)
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Filing 2
ORDER by Judge Claire V Eagan - ORDER DIRECTING IMMEDIATE RESPONSE TO HABEAS APPLICATION - Before the Court is Graham's "Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C.A. 2254 and 2241" (Dkt. # 1). The Court directs respondents to show cause why the writ should not issue. The Clerk of Court shall send, electronically, the application (Dkt. # 1) and this order to the Office of the Attorney General for the State of Oklahoma at fhc.docket@oag.ok.gov. Respondents shall file a response to the application on or before May 9, 2023. Petitioner may file a reply no later than seven days after the date the response is filed., directing Respondent to show cause why the writ should not issue and file a response to the petition( Responses due by 5/9/2023), directing court clerk to take action (Re: #1 PETITION for Writ of Habeas Corpus - 2254 (paid $5 filing fee; receipt number AOKNDC-2799582) ) (RGG, Chambers)
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Filing 1
PETITION for Writ of Habeas Corpus - 2254 (paid $5 filing fee; receipt number AOKNDC-2799582) by Kimberly Graham (With attachments) (O'Carroll, Thomas)
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***Remark: Emailed docket numbers 2 and 1 to the Office of the Attorney General at fhc.docket@oag.ok.gov (Re: #1 PETITION for Writ of Habeas Corpus - 2254 (paid $5 filing fee; receipt number AOKNDC-2799582), #2 Order,,,, Directing Respondent to Show Cause re: PWHC,,,, Directing Court Clerk to Take Action,,,,,,, ) (dla, Dpty Clk)
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