Lambert v. Muzny
| Donald Ray Lambert |
| David John Muzny |
| 5:2023cv01125 |
| December 11, 2023 |
| US District Court for the Western District of Oklahoma |
| Scott L Palk |
| P.I.: Other |
| 28 U.S.C. ยง 1331 Fed. Question: Personal Injury |
| None |
Docket Report
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| Document Text |
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| Filing 15 BRIEF IN SUPPORT re #12 Objections by Donald Ray Lambert. (dtb) |
Filing 14
ORDER: The Court will allow Plaintiff an additional thirty (30) days to pay the remaining $305.00 balance due. Plaintiff is reminded, however, that failure to pay his filing fee in full by the deadline will result in dismissal of this action without prejudice. Finally, Plaintiff is not entitled to a refund of the $100.00 paid toward his filing fee even if this action is dismissed, and that portion of his request is denied. IT IS THEREFORE ORDERED that Plaintiff must pay the remaining $305.00 balance due for his filing fee on or before February 28, 2024. Failure to do so by that deadline will result in dismissal of this action without prejudice. Signed by Judge Scott L. Palk on 1/26/2024. (cps)
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| Filing 13 NOTICE titled, "Certificate of Service Mailing" by Donald Ray Lambert (dtb) |
| Filing 12 OBJECTIONS re #10 Order on Report and Recommendation, Order on Motion for Leave to Proceed in forma pauperis,, filed by Donald Ray Lambert. (naa) |
| Filing 11 OBJECTION re #9 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss filed by Donald Ray Lambert. (Attachments: #1 Exhibit 1- West law Authority to Waive Fines, Cost and Fees, #2 Exhibit 2- Application For Post- Conviction Relief, #3 Exhibit 3- Letter, #4 Exhibit 4- Docket Sheet, #5 Exhibit 5- Sworn Affidavit, #6 Exhibit 6- Sworn Affidavit, #7 Exhibit 7- Sworn Affidavit, #8 Exhibit 8- Names of Witnesses)(dtb) |
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Filing 10
ORDER adopting #5 Report and Recommendation; denying #2 Motion for Leave to Proceed in forma pauperis. Plaintiff is directed to pay the remaining balance due for his filing fee, $305.00, to the Clerk of Court within twenty-one (21) days from the date of this Order. Failure to pay the full filing fee within 21 days of this Order will result in dismissal of this action without prejudice. Signed by Judge Scott L. Palk on 1/8/24. (mjs)
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| Filing 9 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss by David John Muzny. (Hayes, Elise) |
| Filing 8 ENTRY of Appearance by Elise Hayes on behalf of David John Muzny (Hayes, Elise) |
| Filing 7 OBJECTION TO REPORT AND RECOMMENDATION #5 filed by Donald Ray Lambert. (Attachments: #1 Exhibit 1 - Notice, #2 Exhibit 2 - Judgment and Sentence)(naa) . |
| Filing 6 Receipt for Money Received from Donald Ray Lambert in the amount of $100, receipt number 500005122 regarding #1 Complaint. Receipt provided to payer over the counter. (naa) |
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Filing 5
REPORT AND RECOMMENDATION re #2 MOTION for Leave to Proceed in forma pauperis filed by Donald Ray Lambert - It is recommended that the Court deny Plaintiff's in forma pauperis application. Should this recommendation be adopted, the undersigned further recommends the case be dismissed without prejudice unless Plaintiff pays the filing fee within twenty-one days of that order. Objections to R&R due by 1/12/2024. This Report and Recommendation terminates the referral of this matter to the undersigned. Signed by Magistrate Judge Suzanne Mitchell on 12/29/2023. (km)
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| Filing 4 CERTIFICATE OF SERVICE by Plaintiff Donald Ray Lambert (Attachments: #1 Envelope)(rp) |
| Filing 3 ENTER ORDER REFERRING MOTION: #2 MOTION for Leave to Proceed in forma pauperis filed by Donald Ray Lambert Motions referred to Suzanne Mitchell. Signed by the direction of Judge Scott L. Palk on 12/11/2023. (kb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Donald Ray Lambert. (kb) |
| Filing 1 COMPLAINT against David John Muzny filed by Donald Ray Lambert. (Attachments: #1 Civil Cover Sheet)(kb) |
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| Plaintiff: Donald Ray Lambert | |
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| Defendant: David John Muzny | |
| Represented By: | Elise Hayes |
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