Mason v. State of Oklahoma
| Malik Mason |
| State of Oklahoma |
| 5:2022cv00800 |
| September 9, 2022 |
| US District Court for the Western District of Oklahoma |
| Shon T Erwin |
| Bernard M Jones |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 8
ORDER DECLINING REPORT AND RECOMMENDATION ~ re #6 REPORT AND RECOMMENDATION. The Court must DECLINE to adopt the Report and Recommendation, recommending that the entire Petition be dismissed for nonexhaustion, as more fully set out in the Order. The Court finds that Judge Erwin is in the better position to make that determination, and thus RE-REFERRS the matter for further consideration. Signed by Judge Bernard M. Jones on 10/26/2022. (dwl)
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| Filing 7 OBJECTION TO REPORT AND RECOMMENDATION #6 filed by Malik Mason. (Attachments: #1 Exhibit 1 - OK State Criminal Appeals Summary Opinion, #2 Exhibit 2 - OK State Criminal Appeals Mandate, #3 Exhibit 3 - OK State Criminal Appeals Summary Opinion, #4 Exhibit 4 - OK State Criminal Appeals Mandate, #5 Exhibit 5 - Oklahoma County Motion to Dismiss, #6 Attachment 6 - US Postal Service Receipt)(ekw) |
| Filing 6 REPORT AND RECOMMENDATION -- it is recommended that the Court should DISMISS the petition on filing, without prejudice, based on Petitioner's failure to exhaust his state court remedies. This Report and Recommendation terminates the referral by the District Judge in this matter. Objections to R&R due by 10/17/2022. Signed by Magistrate Judge Shon T. Erwin on 9/28/2022. (mc) |
| Magistrate Judge Shon T. Erwin no longer assigned to case. (mc) |
| Filing 5 ENTER ORDER REFERRING CASE to Magistrate Judge Shon T. Erwin. Signed at the direction of Judge Bernard M. Jones on 9/12/22. (dtb) |
| Filing 4 NO PREVIOUS Cases (dtb) |
| Filing 3 Receipt for Money Received from Malik Mason in the amount of $5.00, receipt number OKW500091931 regarding #1 Petition for Writ of Habeas Corpus (dtb) |
| Filing 2 MEMORANDUM in Support re #1 Petition for Writ of Habeas Corpus filed by Malik Mason. (dtb) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Malik Mason. (Attachments: #1 Attachment 1- Prisoner's Civil Rights Complaint, #2 Attachment 2- Statutory Power of Attorney)(dtb) |
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| Petitioner: Malik Mason | |
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| Respondent: State of Oklahoma | |
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