Wyatt v. Crow
| Carl Dean Wyatt, Jr |
| Scott Crow |
| 5:2022cv00740 |
| August 25, 2022 |
| US District Court for the Western District of Oklahoma |
| Suzanne Mitchell |
| David L Russell |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on October 11, 2022. A more recent docket listing may be available from PACER.
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Filing 10
JUDGMENT: In accordance with the Court's Order entered this date, Petitioner's Petition is dismissed for lack of jurisdiction. Judgment entered for Respondent. Signed by Judge David L. Russell on 10/11/2022. (km)
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Filing 9
ORDER: The Court cannot permit a second or successive petition to proceed in the absence of authorization from the Court of Appeals for the Tenth Circuit. Judge Mitchell's conclusion that this Court lacks jurisdiction does not address the merits of Petitioner's claims nor does it consider the deference afforded to certain findings by the Oklahoma Court of Criminal Appeals under the Antiterrorism and Effective Death Penalty Act, the issues addressed by Petitioner's objection. The Court may not address those issues until Petitioner obtains permission from the Court of Appeals to pursue a successive petition. The Report and Recommendation is hereby ADOPTED IN ITS ENTIRETY. The Petition is DISMISSED FOR LACK OF JURISDICTION. Signed by Judge David L. Russell on 10/11/2022. (km)
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| Filing 8 OBJECTION TO REPORT AND RECOMMENDATION #7 filed by Carl Dean Wyatt, Jr. (Attachments: #1 Envelope)(kmt) |
| Filing 7 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by Carl Dean Wyatt, Jr. The undersigned recommends dismissal without prejudice of this habeas petition for lack of jurisdiction as a second or successive habeas petition without Tenth Circuit authorization. The Court should also deny #2 MOTION for Leave to File Excess Pages filed by Carl Dean Wyatt, Jr. Objections to R&R due by 10/11/2022. This Report and Recommendation disposes of all issues referred to the Magistrate Judge. Signed by Magistrate Judge Suzanne Mitchell on 9/20/22. (lb) |
| Filing 6 ENTER ORDER REFERRING CASE to Magistrate Judge Suzanne Mitchell. Motions referred to Suzanne Mitchell. Entered at the direction of Judge David L. Russell on 08/25/2022. (km) |
| Filing 5 ENTER ORDER REASSIGNING CASE. Case reassigned to Judge David L. Russell for all further proceedings. Judge Joe Heaton no longer assigned to case. Entered at the direction of Judge Joe Heaton on 08/25/2022. (km) |
| Filing 4 PREVIOUS Cases. (km) |
| Filing 3 Receipt for Money Received from Carl Dean Wyatt, Jr in the amount of $5.00, receipt number OKW500091769 regarding #1 Petition for Writ of Habeas Corpus. (km) |
| Filing 2 MOTION for Leave to File Excess Pages by Carl Dean Wyatt, Jr. (Attachments: #1 Envelope)(km) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Carl Dean Wyatt, Jr. (Attachments: #1 Exhibit 1 - Letters from Oklahoma County Public Devender, #2 Exhibit 2 - Event Information, #3 Exhibit 3 - Standard Supplement Report titled Action 28, dsated 01/02/97, #4 Exhibit Letter to Carlos, #5 Exhibit 5 - Letter: Wayne Fournerat to Carl and Josephine Wyatt Dated 01/15/1998, #6 Exhibit 6 - CF-97-424 Motion to Disqualify Trial Judge, #7 Exhibit 7 - Letters from Wayne Fournerat, #8 Exhibit 8 - Letter from Oklahoma County Public Defender dated 02/08/2018, #9 Exhibit 9 - Excerpt: Letter from Kayce L. Gisinger, #10 Exhibit 10 - Standard Supplement Report titled Action 51 dated 01/02/1997, #11 Exhibit 11 - Letter: Wayne Fournerat to Oklahoma Bar Association, dated 06/30/1998, #12 Exhibit 12 - Letter Excerpt: Marva Banks, Assistant Public Defender of Oklahoma County, #13 Exhibit CF-1997-424 Order for DNA Testing, #14 Exhibit 14 - Letter Excerpt: Public Defender of Oklahoma County, dated 06/22/2021, #15 Exhibit 15 - Criminalistic Examination Report, #16 Exhibit 16 - Letter: Wayne Fournerat to Carl Wyatt, Jr, dated 01/15/1998, #17 Exhibit 17 - Wisconsin's Law Review Article, #18 Exhibit 18 - Standard Supplement Report titled Action 60, dated 01/02/1997, #19 Exhibit 19 - Letter: Oklahoma County Public Defenders, dated 04/17/2019, #20 Exhibit 20 - Narrative, #21 Exhibit 21 - Annotated Images of Hats, #22 Exhibit 22 - Standard Supplement Report titled Action 22, dated 01/02/1997, #23 Exhibit 23 - Examination Report ST97-008, #24 Exhibit 24 - CAD History Event Print-Out, #25 Exhibit 25 - Standard Supplement Report titled Action 43, dated 01/02/1997, #26 Exhibit 26 - CF-97-424 Application for Post-Conviction Relief, #27 Exhibit 27 - CF-97-424 Application Petition to Void Judgment, #28 Exhibit 28 - CF-97-424 Motion for an Evidentiary Hearing, #29 Exhibit 29 - Sword Affidavit of Carlos Dean Wyatt, Jr, dated 01/11/2016, #30 Exhibit 30 - CRF-97-424 Motion to Conduct DNA Testing, #31 Exhibit 31 - CF-1997-424 Petitioner's Reply to State's Response, #32 Envelope)(km) |
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| Petitioner: Carl Dean Wyatt, Jr | |
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| Respondent: Scott Crow | |
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