Libby v. Oklahoma State of
| Philip Libby |
| Oklahoma State of |
| 5:2019cv00062 |
| January 18, 2019 |
| US District Court for the Western District of Oklahoma |
| Scott L Palk |
| Gary M Purcell |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
|---|
| Filing 8 REPLY by Petitioner Philip Libby re #7 Order on Report and Recommendation, filed by Philip Libby. (Attachments: #1 Envelope)(rb) |
Filing 7
ORDER adopting Report and Recommendations re #5 Report and Recommendation to the extent it finds the Petition is a mixed petition containing both exhausted and unexhausted claims. The Court declines to adopt the Report and Recommendation to the extent it recommends granting Petitioner the right to stay the action, absent Petitioner making the requisite showing in support of such a stay. That Petitioner must show cause within twenty-one days of the date of this Order, or by March 19, 2019, why the action should be stayed and held in abeyance. At this time, the Court reserves its discretionary ruling as to whether a stay is proper, pending Petitioners response to the Courts show cause order. Alternatively, within twenty-one days of the date of this Order, or by March 19, 2019, if Petitioner wishes to proceed only with his exhausted claims, i.e., those claims thatwere presented to the OCCA on direct appeal, he may file an amended petition raising only his exhausted claims and deleting his unexhausted claim. If Petitioner fails to respond to the Courts show cause order or, alternatively, file an amended Petition, the Court will enter an order dismissing the Petition in its entirety, without prejudice, for failure to exhaust administrative remedies. Signed by Honorable Scott L. Palk on 2/26/2019. (md)
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| Filing 6 OBJECTION TO REPORT AND RECOMMENDATION #5 filed by Philip Libby. (Attachments: #1 Envelope)(ac) |
| Filing 5 REPORT AND RECOMMENDATION : It is recommended this action be DISMISSED without prejudice for failure to exhaust his state court remedies, unless Petitioner chooses to either dismiss the unexhausted claim and proceed with the exhausted claims or agrees to stay the Petition and hold the matter in abeyance while returning to state court to raise his unexhausted claim. This Report and Recommendation disposes of all issues referred to the undersigned Magistrate Judge in the captioned matter. Objections to R&R due by 2/14/2019. Signed by Magistrate Judge Gary M. Purcell on 1/25/2019. (cps) |
| Magistrate Judge Gary M. Purcell no longer assigned to case. (cps) |
| Filing 4 Receipt for Money Received from Philip Libby in the amount of $5.00, receipt number OKW500071900 regarding #1 Petition for Writ of Habeas Corpus. Receipt mailed to payor. (nv) |
| Filing 3 Enter ORDER REFERRING CASE to Magistrate Judge Gary M. Purcell. Entered at the direction of Honorable Scott L. Palk on 01/18/19. (nv) |
| Filing 2 No PREVIOUS Cases. (nv) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Philip Libby. (Attachments: #1 Envelope)(nv) |
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| Respondent: Oklahoma State of | |
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| Petitioner: Philip Libby | |
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