Johnson v. Smith et al
| Antione Diray Johnson |
| Fred C Smith and Oklahoma State of |
| 5:2020cv00580 |
| June 18, 2020 |
| US District Court for the Western District of Oklahoma |
| Shon T Erwin |
| David L Russell |
| Mandamus & Other |
| 28 U.S.C. ยง 1361 |
| None |
Docket Report
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This docket was last retrieved on September 9, 2020. A more recent docket listing may be available from PACER.
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| Filing 10 MOTION to Amend/Correct #1 Complaint titled, "Objection Pursuant to 28:636 Motion to Amend 1361 Mandamus Material Change in the Identity of Defendant Christopher M. Wolpert, Clerk of the Tenth Circuit" by Antione Diray Johnson. (Attachments: #1 Exhibit 1 - Note, #2 Exhibit 2 - Motion to Recall the Mandate, #3 Exhibit 3 - Letter from Tenth Circuit, #4 Exhibit 4 - Objection seeking Judicial Review, #5 Exhibit 5 - Motion to Amend and Supplement pleadings, #6 Exhibit 6 - Amended Application for COA, #7 Exhibit 7 - Brief, #8 Exhibit 8 - Motion to Supplemnt Amended Propositions to Application, #9 Exhibit 9 - Initial Appeal Post Conviction to OCCA, #10 Exhibit 10 - Initial Habeas, #11 Envelope)(kmt) |
| Magistrate Judge Shon T. Erwin no longer assigned to case. (mc) |
| Filing 9 REPORT AND RECOMMENDATION -- it is recommended that the Court DISMISS this action based on lack of jurisdiction. This Report and Recommendation terminates the referral. Objections to R&R due by 8/17/2020. Signed by Magistrate Judge Shon T. Erwin on 7/31/2020. (mc) |
| IMPORTANT NOTICE: The United States District Court for the Western District of Oklahoma (OKWD) is upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, August 3, 2020. Complete information regarding the OKWD NextGen CM/ECF implementation is available at #http://www.okwd.uscourts.gov/nextgen-information.****Currently, you may share a single PACER account with other attorneys in your firm. With the new OKWD NextGen CM/ECF system, sharing of individual PACER accounts is prohibited. You must have an individual upgraded PACER account linked to your e-filing account. Once again, shared PACER accounts cannot be used by OKWD e-filing attorneys. ****Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account and step two is to link your upgraded PACER account to the OKWD e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step cannot be completed until on or after August 3, 2020. ****Many PACER accounts have already been upgraded. The first step is to determine whether you have an "Upgraded" PACER account. If any of the following is true, you have an upgraded PACER account and no action is required until after the OKWD NextGen CM/ECF upgrade on August 3, 2020: 1) You have an upgraded PACER account for another NextGen court or 2) Your PACER account was created after August 10, 2014. If neither of these is true, you must upgrade your legacy PACER account before you can link your PACER account to your new NextGen CM/ECF account. ****OKWDs current CM/ECF system will NOT be available from 11:00 AM on 07/31/20 until 8:00 AM on 08/03/20 due to the upgrade. ****Additional notices will be sent at a later date regarding the second step of this process. If you have questions, please contact the PACER Service Center at 800-676-6856 or the OKWD Clerk's Office CM/ECF Help Desk at 405-609-5555. (Pigott, William) (ADI) |
| Docket Annotation: Please note that the Finance Clerk has moved $1.54 from CIV-20-426-R to CIV-20-580-R. The initial partial filing fee of $52.85 is paid in full. The prisoner's balance for CIV-20-580-R is currently: $297.15. (kmt) |
| Filing 8 Receipt for Money Received from Antione Diray Johnson in the amount of $51.31, receipt number OKW500080840 regarding #1 Complaint. Remaining balance $298.69. (kmt) Modified on 7/16/2020 to add remaining balance (em). |
Filing 7
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Having reviewed the Motion, the Court finds Plaintiff is entitled to proceed without prepayment of the full filing fee, and his Motion is granted. However, Plaintiff shall be required to pay the full $350.00 filing fee as set forth hereafter. IT IS HEREBY ORDERED that on or before July 9, 2020, Plaintiff pay an initial partial filing fee of $52.85. Signed by Magistrate Judge Shon T. Erwin on 6/22/2020. (mc)
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| Filing 6 ENTER ORDER REFERRING CASE to Magistrate Judge Shon T. Erwin. Motions referred to Shon T. Erwin. Signed by the direction of Honorable David L. Russell on 06/19/20. (knt) |
| Filing 5 ENTER ORDER REASSIGNING CASE. Case reassigned to Honorable David L. Russell for all further proceedings. Honorable Joe Heaton no longer assigned to case. Signed by the direction of Honorable Joe Heaton on 6/19/20. (knt) |
| Filing 4 PREVIOUS Cases (knt) |
| Filing 3 MOTION for Writ of Mandamus by Antione Diray Johnson. (Attachments: #1 Exhibit 1 - State Court Documentation, #2 Envelope)(knt) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Antione Diray Johnson. (Attachments: #1 Exhibit 1 - Transaction List, #2 Envelope)(knt) |
| Filing 1 COMPLAINT against Oklahoma State of, Fred C Smith(in his individual capacity), Fred C Smith(in his official capacity as District Attorney) filed by Antione Diray Johnson. (Attachments: #1 Envelope)(knt) |
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