Cisneros v. State of Oklahoma
| Michael V Cisneros |
| State of Oklahoma |
| 5:2023cv00430 |
| May 16, 2023 |
| US District Court for the Western District of Oklahoma |
| Shon T Erwin |
| 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 August 15, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 REPORT AND RECOMMENDATION -- it is recommended that the Court DISMISS the petition ECF No. #6 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 7/31/2023. Signed by Magistrate Judge Shon T. Erwin on 7/14/2023. (mc) |
| Magistrate Judge Shon T. Erwin no longer assigned to case. (mc) |
Filing 10
ORDER: On June 23, 2023, the Court received Petitioner's filing fee. Therefore, the Court adopts the #5 Report and Recommendation, denies the #2 Motion for Leave to Proceed in Forma Pauperis and re-refers this matter to Magistrate Judge Shon T. Erwin for further proceedings consistent with the original referral entered herein. Signed by Judge David L. Russell on 07/05/2023. (km)
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| Filing 9 Receipt for Money Received from Michael V Cisneros in the amount of $5, receipt number 500002543 regarding #1 Petition for Writ of Habeas Corpus. Receipt mailed to Michael V Cisneros #140038448 OKLAHOMA CITY-OCDC E-208 201 N Shartel Oklahoma City, OK 73102 (dtb) |
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Filing 8
ORDER granting #7 Motion for Extension of Time by Petitioner Michael V. Cisneros. Petitioner is granted an extension until July 15, 2023 in which to pay the filing fee or to object to the Magistrate's Report and Recommendation. Signed by Judge David L. Russell on 06/16/2023. (km)
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| Filing 7 MOTION for Extension of Time titled, "Motion for time Extension to Arrange Filing Fee payment" by Michael V Cisneros. (Attachments: #1 Envelope)(naa) |
| Filing 6 PETITION for Writ of Habeas Corpus (Amended) filed by Michael V Cisneros. (Attachments: #1 Attachment Amended Petition Cont., #2 Attachment 1 - Proof of Service, #3 Attachment 2 - Copy of Order Referring Case to Magistrate Judge, #4 Envelope)(ekw) |
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Filing 5
REPORT AND RECOMMENDATION -- it is recommended that Petitioner's Motion ECF No. #2 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 6/23/2023. Signed by Magistrate Judge Shon T. Erwin on 6/6/2023. (mc)
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| Magistrate Judge Shon T. Erwin no longer assigned to case. (mc) |
| Filing 4 ENTER ORDER REFERRING CASE to Magistrate Judge Shon T. Erwin. Motions referred to Shon T. Erwin.Signed by the direction of Judge David L. Russell on 05/16/2023. (kb) |
| Filing 3 PREVIOUS Cases (kb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Michael V Cisneros. (Attachments: #1 Attachment 1 - Inmate Account Summary, #2 Attachment 2 - Letter)(kb) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Michael V Cisneros. (Attachments: #1 Attachment 1 - Letter, #2 Envelope)(kb) |
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| Petitioner: Michael V Cisneros | |
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| Respondent: State of Oklahoma | |
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