Smith v. Beckham County of et al
Defendant: Rick Whitten
Petitioner: Gary Smith
Respondent: Beckham County of and Oklahoma State of
Case Number: 5:2020cv01310
Filed: December 31, 2020
Court: US District Court for the Western District of Oklahoma
Presiding Judge: Timothy D DeGiusti
Referring Judge: Shon T Erwin
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 12, 2021 Opinion or Order Filing 11 ORDER ADOPTING REPORT AND RECOMMENDATION and denying #7 Motion for Leave to Proceed in forma pauperis filed by Gary Smith. This matter is re-referred to Magistrate Judge Shon T. Erwin. Signed by Honorable Timothy D. DeGiusti on 2/12/2021. (kmt)
February 9, 2021 Filing 10 Receipt for Money Received from Gary Smith in the amount of $5.00, receipt number OKW500084065 regarding #1 Petition for Writ of Habeas Corpus Mailed to Gary Smith #980269 LEXINGTON-LARC-260 P O Box 260 Lexington, OK 73051 (kah)
January 25, 2021 Opinion or Order Filing 9 REPORT AND RECOMMENDATION -- it is recommended that Petitioner's Motion ECF No. 7 be DENIED and that he be ordered to prepay the full $5.00 filing fee for this action to proceed. It is further recommended that this action be dismissed without prejudice to re-filing unless Petitioner pays the $5.00 filing fee in full to the Clerk of the Court within twenty (20) days of any order adopting this Report and Recommendation. 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 2/11/2021. Signed by Magistrate Judge Shon T. Erwin on 1/25/2021. (mc)
January 25, 2021 Magistrate Judge Shon T. Erwin no longer assigned to case. (mc)
January 15, 2021 Filing 8 NOTICE (other) by Gary Smith (Attachments: #1 Envelope)(kmt)
January 15, 2021 Filing 7 MOTION for Leave to Proceed in forma pauperis by Gary Smith. Motions referred to Shon T. Erwin. (Attachments: #1 Envelope)(kmt)
January 15, 2021 Filing 6 AMENDED PETITION against Beckham County of, Oklahoma State of filed by Gary Smith. (Attachments: #1 Envelope)(kmt)
January 13, 2021 Filing 5 NOTICE of Change of Address by Gary Smith. (Attachments: #1 Exhibit 1 - Copy of Petition, #2 Envelope)(knt)
January 6, 2021 Opinion or Order Filing 4 ORDER TO PETITIONER TO CURE DEFICIENCY -- The Court is in receipt of the documents Petitioner tendered in this matter. However, the documents are deficient in the areas as indicated. Petitioner shall cure the deficiencies designated above by January 27, 2021. See Order as more fully set out. Signed by Magistrate Judge Shon T. Erwin on 1/6/2021. (mc)
December 31, 2020 Filing 3 ENTER ORDER REFERRING CASE to Magistrate Judge Shon T. Erwin. Signed by the direction of Honorable Timothy D. DeGiusti on 12/31/20. (kmt)
December 31, 2020 Filing 2 NO PREVIOUS Cases (kmt)
December 31, 2020 Filing 1 PETITION for Writ of Habeas Corpus filed by Gary Smith. (Attachments: #1 Envelope)(kmt)
December 31, 2020 Notice of Mailing LCvR5.4/Change of Address form, #1 Complaint, #3 Enter Order to : Gary Smith#980269LEXINGTON-LARC-260P O Box 260Lexington, OK 73051 (kmt)

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Respondent: Beckham County of
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Respondent: Oklahoma State of
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Petitioner: Gary Smith
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Defendant: Rick Whitten
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