Mitchell v. Crow
| Immanuel Gerald Dean Mitchell |
| Scott Crow |
| 5:2020cv00585 |
| June 19, 2020 |
| US District Court for the Western District of Oklahoma |
| Oklahoma City Office |
| Shon T Erwin |
| David L Russell |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 11
ORDER re #9 Judgment, #8 Order Adopting Report and Recommendation, In light of the receipt of the required filing fee of $5.00 [Doc. #10] from Petitioner, the Order [Doc. #8] and Judgment[Doc. #9] are VACATED. This matter is re-referred to Magistrate Judge Shon Erwin for the consideration of Petitioners Petition for Writ of Habeas Corpus [Doc. #1]. Signed by Honorable David L. Russell on 8/10/20. (jw)
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| Filing 10 Receipt for Money Received from Immanuel Gerald Dean Mitchell in the amount of $5.00, receipt number OKW500081359 regarding #1 Petition for Writ of Habeas Corpus. Mailed receipt to Immanuel Gerald Dean Mitchell#676534HOLDENVILLE-DCF6888 E 133rd RdHoldenville, OK 74848-9033. (rb) |
| Filing 9 JUDGMENT In accordance with the Courts Order entered this date, Petitioners Petition for Writ of Habeas Corpus is dismissed without prejudice. Signed by Honorable David L. Russell on 8/7/20. (jw) |
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Filing 8
ORDER ADOPTING REPORT AND RECOMMENDATION for #7 Report and Recommendation, #6 Motion for Leave to Appeal in forma pauperis filed by Immanuel Gerald Dean Mitchell. The Court hereby adopts the Reportand Recommendation in its entirety. Mr. Mitchells Motion to Proceed In Forma Pauperis, Doc. No. 6, is denied; his Petition for Writ of Habeas Corpus, Doc. No. 1, is dismissed without prejudice. Signed by Honorable David L. Russell on 8/7/20. (jw)
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| 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) |
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Filing 7
REPORT AND RECOMMENDATION -- it is recommended that Petitioner's motion, ECF No. #6 be DENIED and that he be ordered to prepay the full $5.00 filing fee for this action to proceed. This report and recommendation terminates the referral to the undersigned magistrate judge unless and until the matter is re-referred. Objections to R&R due by 8/3/2020. Signed by Magistrate Judge Shon T. Erwin on 7/16/2020. (mc)
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| Magistrate Judge Shon T. Erwin no longer assigned to case. (mc) |
| Filing 6 MOTION for Leave to Appeal in forma pauperis by Immanuel Gerald Dean Mitchell. (Attachments: #1 Attachment 1 - ODOC Offender Statement Report, #2 Envelope)(kmt) |
| Filing 5 NOTICE of Change of Address by Immanuel Gerald Dean Mitchell (Attachments: #1 Envelope)(kmt) |
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Filing 4
ORDER -- In order for this action to proceed, Petitioner must either pay the $5.00 filing fee or be granted leave to proceed without prepayment of fees. Petitioner shall cure the deficiencies designated above no later than July 10, 2020. Signed by Magistrate Judge Shon T. Erwin on 6/23/2020. (mc)
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| Filing 3 ENTER ORDER REFERRING CASE to Magistrate Judge Shon T. Erwin. Signed by the direction of Honorable David L. Russell on 6/22/20. (kmt) |
| Filing 2 NO PREVIOUS Cases (kmt) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Immanuel Gerald Dean Mitchell. (Attachments: #1 Exhibit 1 - Court of Criminal Appeals Opinion, #2 Exhibit 2 - Court of Criminal Appeals Order, #3 Exhibit 3 - Letter from Hiram Beverly Mitchell Jr, #4 Exhibit 4 - Letter from Immanuel Mitchel to Mrs. McCorty, #5 Envelope)(kmt) |
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| Petitioner: Immanuel Gerald Dean Mitchell | |
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| Respondent: Scott Crow | |
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