ORDER & OPINION RONALD A. WHITE , District Judge . Before the court are the motion for summary judgment by the Alabama-Quassarte Tribal Town (hereinafter "AQTT") 1 [Docket No. 202] and Defendants' cross-motion for summary judgment 2 [Docket No. 212]. The AQTT argues that it is entitled to judgment as a matter of law because the decision of the Interior Board of Indian Appeal (hereinafter "IBIA") is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the...
OPINION AND ORDER JAMES H. PAYNE , District Judge . On October 6, 2016, Petitioner filed through counsel this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254, challenging his 2004 plea in Muskogee County District Court Case No. CRF-1982-579 (Dkt. 2). On October 21, 2016, he filed a motion to strike the briefing schedule and stay the proceedings, pending exhaustion of issues in the Oklahoma Court of Criminal Appeals (Dkt. 8). The respondent objects to a stay to allow...
OPINION AND ORDER AWARDING ATTORNEYS' FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . The Plaintiff was the prevailing party in this appeal of the Commissioner of the Social Security Administration's decision denying benefits under the Social Security Act. She seeks an award of attorney's fees in the amount of $6,575.40 and costs in the amount of $400.00, under the Equal Access to Justice Act (the "EAJA"), 28 U.S.C. 2412. See Plaintiff's Application for an...
REPORT AND RECOMMENDATION STEVEN P. SHREDER , Magistrate Judge . The Plaintiff Derrick Barham brought suit against, inter alia, the Defendants Robert Donald Toney and Canal Insurance Company 1 seeking damages arising out of injuries from a motor vehicle accident. The Plaintiff originally filed this case in state court in LeFlore County, Oklahoma, Case No. CJ-13-272, on December 26, 2013, but the Defendants removed the case to this Court on September 9, 2014. On July 13, 2016, this Court...
OPINION AND ORDER JAMES H. PAYNE , District Judge . Before the Court are (1) Defendant County of Muskogee's Motion to Dismiss (Doc. No. 16) and Defendant City of Muskogee's Motion to Dismiss (Doc. No. 20). After consideration of the briefs, and for the reasons stated below, Defendants' Motions to Dismiss are GRANTED. BACKGROUND Plaintiff Armetta Wallace ("Plaintiff") brings this action to recover against the defendants, County of Muskogee and City of Muskogee (together, "Defendants"),...
OPINION AND ORDER JAMES H. PAYNE , District Judge . This matter comes before the court on Defendant's Motion for Summary Judgment (Dkt. # 39). Plaintiff filed a response on November 9, 2016 (Dkt. # 47). In her response, Plaintiff indicated she was dismissing all gender based discrimination claims against the defendant. Id., at p. 26. The defendant replied on November 23, 2016 (Dkt. # 50). Statement of Undisputed Facts 1. Plaintiff, Lisa Everett, began her employment with the Army on...
FINDINGS AND RECOMMENDATION KIMBERLY E. WEST , Magistrate Judge . This matter comes before the Court on Claimant's Motion for an Award of Attorney Fees Under the Equal Access to Justice Act (Docket Entry #28). By Order entered May 27, 2016, United States District Judge James Payne who presides over this case referred the subject Motion to the undersigned for the entry of Findings and a Recommendation. By Order and Judgment entered November 6, 2015, Judge Payne reversed the decision of the...
ORDER RONALD A. WHITE , District Judge . Before the court is Defendants' motion for summary judgment [Docket No. 26] as to all remaining claims. After the court's October 27, 2016 Order granting Defendants' partial motion to dismiss, the remaining claims are as follows: (1) claim by all Plaintiffs against all Defendants for violation of the Open Meeting Act, 25 OKLA. STAT. 303, et seq. (hereinafter "OMA"); (2) claim by all Plaintiffs against the individual Board Members for...
OPINION AND ORDER RONALD A. WHITE , District Judge . This is a proceeding initiated, on April 6, 2010, by the above-named petitioner's filing of a Motion to Vacate, Set Aside, or Correct Sentence. 1 The motion to vacate conviction and sentence is brought pursuant to 28 U.S.C. 2255. The government has filed a response by and through the United States Department of Justice and the United States Attorney for the Eastern District of Oklahoma. On November 15, 2010, Petitioner filed his...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA RONALD A. WHITE , District Judge . Plaintiff was the prevailing party in this action under the Social Security Act. Plaintiff filed a request for attorney fees under the Equal Access to Justice Act [Docket No. 19]. The parties have now filed a Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act [Docket No. 21], indicating that the parties have stipulated to an attorney fee in the...
OPINION AND ORDER AWARDING ATTORNEYS' FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . The Plaintiff was the prevailing party in this appeal of the Commissioner of the Social Security Administration's decision denying benefits under the Social Security Act. He seeks a total of attorney's fees in the amount of $4,047.00, under the Equal Access to Justice Act (the "EAJA"), 28 U.S.C. 2412. See Plaintiff's Motion and Brief in Support for an Award of Attorney's...
OPINION AND ORDER AWARDING ATTORNEYS' FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . The Plaintiff was the prevailing party in this appeal of the Commissioner of the Social Security Administration's decision denying benefits under the Social Security Act. She seeks a total of attorney's fees in the amount of $5,951.80, under the Equal Access to Justice Act (the "EAJA"), 28 U.S.C. 2412. See Plaintiff's Motion and Brief in Support for an Award of Attorney's...
ORDER RONALD A. WHITE , District Judge . Plaintiff filed her First Amended Complaint on August 3, 2016, alleging claims of disparate treatment based on her race and retaliation in violation of both Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. and 42 U.S.C. 1981 1 against the Oklahoma Department of Human Services (hereinafter "DHS") and a claim of first amendment retaliation in violation of 42 U.S.C. 1983 against Michael Kindrick and Zane Gray. Now before the...
OPINION AND ORDER AWARDING ATTORNEYS' FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . The Plaintiff was the prevailing party in this appeal of the Commissioner of the Social Security Administration's decision denying benefits under the Social Security Act. He seeks a total of attorney's fees in the amount of $5,986.60, under the Equal Access to Justice Act (the "EAJA"), 28 U.S.C. 2412. See Plaintiff's Application for an Award of Attorneys' Fees Under the...
OPINION AND ORDER AWARDING ATTORNEYS' FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . The Plaintiff was the prevailing party in this appeal of the Commissioner of the Social Security Administration's decision denying benefits under the Social Security Act. He seeks a total of attorney's fees in the amount of $5,325.00, under the Equal Access to Justice Act (the "EAJA"), 28 U.S.C. 2412. See Plaintiff's Motion and Brief in Support for an Award of Attorney's...
OPINION AND ORDER AWARDING ATTORNEYS' FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . The Plaintiff was the prevailing party in this appeal of the Commissioner of the Social Security Administration's decision denying benefits under the Social Security Act. She seeks a total of attorney's fees in the amount of $5,263.60, under the Equal Access to Justice Act (the "EAJA"), 28 U.S.C. 2412. See Plaintiff's Application for an Award of Fees Under the Equal Access...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Bryan C. Lyons was the prevailing party in this action under the Social Security Act. Plaintiff originally sought an award of attorney's fees in the amount of $5,246.00, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). See Docket No. 21. The Commissioner subsequently filed a Stipulation for Award of Attorney Fees Pursuant to the Equal Access to...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Terry G. Westfall was the prevailing party in this action under the Social Security Act. Plaintiff originally sought an award of attorney's fees in the amount of $4,675.20, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). See Docket No. 23. The Commissioner subsequently filed a Stipulated Motion for Award of Attorney Fees Under the Equal Access to...
ORDER re: DISCOVERY JAMES H. PAYNE , District Judge . Before the Court are the requests of the parties for discovery 1 pursuant to Rule 6 of the Rules Governing Section 2255 proceedings. Under this rule, discovery is available, but is only granted in the court's discretion, and after a showing of "good cause." "A habeas petitioner, unlike the usual civil litigant in federal court, is not entitled to discovery as a matter of ordinary course." Bracy v. Gramley, 520 U.S. 899 , 117 S.Ct....
ORDER RONALD A. WHITE , District Judge . On July 12, 2016, Plaintiff as personal representative for the estate of Charles Martin filed her Amended Complaint against the Oklahoma Department of Corrections (hereinafter "ODOC"), Dr. Bliss, Lindsay Municipal Hospital Authority (hereinafter "LMHA") and Dr. Griesman, alleging that while he was in the custody of the Oklahoma Department of Corrections, Mr. Martin received inadequate and negligent medical care. Plaintiff includes the following...
