Morgan v. Biden
| David Brian Morgan |
| Joe Biden and David Rogers |
| 5:2023cv01097 |
| November 30, 2023 |
| US District Court for the Western District of Oklahoma |
| Suzanne Mitchell |
| David L Russell |
| Habeas Corpus (General) |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 18, 2024. A more recent docket listing may be available from PACER.
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Filing 14
JUDGMENT: In accordance with the Order entered this 18th day of January 2024, this matter is hereby DISMISSED WITHOUT PREJUDICE. Signed by Judge David L. Russell on 01/18/2024. (km)
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Filing 13
ORDER adopting in its entirety #12 Report and Recommendation. Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE. Additionally, the Petitioner's #10 Motion to Vacate Sentence is DENIED as MOOT. The Court declines to issue a certificate of appealability. Signed by Judge David L. Russell on 01/18/2024. (km)
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Filing 12
REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by David Brian Morgan. 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 undersigned further recommends the Court deny as moot #10 MOTION for Order to Vacate Sentence filed by David Brian Morgan. Objections to R&R due by 1/9/2024. This Report and Recommendation disposes of all issues referred to the Magistrate Judge. Signed by Magistrate Judge Suzanne Mitchell on 12/19/23. (lb)
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| Filing 11 NOTICE (other) titled, "Certificate of Service" by David Brian Morgan (Attachments: #1 Envelope)(ekw) |
| Filing 10 MOTION for Order titled, "Motion to Vacate Sentence" by David Brian Morgan. Motions referred to Suzanne Mitchell. (Attachments: #1 Envelope)(ekw) |
| Filing 9 ENTER ORDER REFERRING CASE to Magistrate Judge Suzanne Mitchell. Entered by direction of Judge David L. Russell on 11/30/2023. (ekw) |
| Filing 8 ENTER ORDER REASSIGNING CASE. Case reassigned to Judge David L. Russell for all further proceedings. Chief Judge Timothy D. DeGiusti no longer assigned to case. Signed by direction of Chief Judge Timothy D. DeGiusti on 11/30/2023. (ekw) |
| Filing 7 PREVIOUS Cases (ekw) |
| Filing 6 Case transferred in from District of Indiana Southern; Case Number 1:23-cv-02084. |
| Filing 5 Transfer Letter to Clerk of the Western District of Oklahoma. Case transferred electronically to Western District of Oklahoma on 11/30/2023. (JSR) [Transferred from Indiana Southern on 11/30/2023.] |
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Filing 4
CLOSED TRANSFER to Western District of Oklahoma - A petition for a writ of habeas corpus must be brought in the district where the petitioner is confined. This action is therefore transferred to the U.S. District Court for the Western District of Oklahoma. (See Order.) Signed by District Judge Richard L. Young on 11/30/2023. Copy to Petitioner via US mail. (JSR) [Transferred from Indiana Southern on 11/30/2023.]
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| Filing 3 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (CCG) [Transferred from Indiana Southern on 11/30/2023.] |
| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (CCG) [Transferred from Indiana Southern on 11/30/2023.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by DAVID BRIAN MORGAN. (No fee paid with this filing) (Attachments: #1 Envelope)(CCG) [Transferred from Indiana Southern on 11/30/2023.] |
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