IN THE UNITED STATES TENTH CIRCUIT COURT OF APPEALS

DOUGLAS DRY, ROSIE BURLISON
and JUANITA McCONNELL,

Petitioners,

VS.

CFR COURT OF INDIAN OFFENSES FOR
THE CHOCTAW NATION,
JAMES WOLFE, Magistrate,

Respondents.

Case No. 98-7027

_____________________________________________________________

APPENDIX TO APPELLANTS' BRIEF
_____________________________________________________________

U.S. District Court for the
Eastern District of Oklahoma
Case No. CIV-98-011-S
Appeal from Final Order of the
U.S. District Court for the
Eastern District of Oklahoma

Scott Kayla Morrison
Dry and Morrison Law Firm
103 1/2 West Main
Post Office Box 637
Wilburton, OK 74578
(918) 465-5033

Attorney for Petitioners
Douglas Dry
Rosie Burlison
Juanita McConnell

Oral Argument Requested

IN THE UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF OKLAHOMA

DOUGLAS DRY, ROSIE BURLISON,

and JUANITA McCONNELL,

Petitioners, CIV 98-011 S

VS.

CFR COURT OF INDIAN OFFENSES FOR

THE CHOCTAW NATION, JAMES WOLFE, Magistrate,

Respondents.

 

RESPONDENTS, CFR COURT OF INDIAN OFFENSES
FOR THE CHOCTAW NATION AND JAMES WOLFES',
MOTION FOR ENLARGEMENT OF TIME TO PLEAD OR ANSWER
PURSUANT TO RULE 14(F) OF THE FEDERAL RULES OF CIVIL PROCEDURE

Comes now the Respondents, CFR Court of Indian 0ffenses for the Choctaw Nation and James Wolfe, presiding Magistrate of said CFR Court by and through their attorney of record, Robert L. Rabon and respectfully shows to the Court:

Petitioners herein are seeking a Writ of Habeas Corpus and have filed a 29 page complaint which contains 17 separate counts, compromised of 110 numbered paragraphs and 59 exhibits. Respondents were personally served with a summons and the complaint on January 13, 1998. Respondents would respectfully submit to the Court that the shear magnitude of the Petitioners' pleadings and exhibits requires Respondents be granted an additional 15 days from the original answer due date of February 2, 1998 or until February 17, 1998 in which to plead or otherwise answer.

WHEREFORE, Respondents respectfully requests an additional 15 days from the original answer due date of February 2, 1998 or until February 17, 1998 in which to plead or otherwise answer Petitioners complaint.

CERTIFICATE OF MAILING

I hereby certify that on the 27th day of January, 1998, 1 mailed a true and correct copy of the above and foregoing to Attorney for Petitioners, Scott Kayla Morrison, 103 1/2 West Main, P.O. Box 637, Wilburton, OK 74578, with full postage prepaid thereon.

 

United States District Court
for the Eastern District of Oklahoma
January 30, 1998

Scott Kayla Morrison, Esq.
P.O. Box 637
103 1/2 W. Main
Wilburton, OK 74578

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C I V I L M I N U T E S
---------------------------------

6:98-cv-00011

Dry v. CFR Ct Indian Chocta

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DOCKET ENTRY
-------------

MINUTE ORDER: ENTERING ORDER granting respondents' motion for enlargement of time to answer petitioners' complaint until no later than February 17,1998. (Clerk) (cc: all counsel)

THIS NOTICE SENT TO THE FOLLOWING COUNSEL:
----------------------------------
Scott Kayla Morrison, Esq.

Robert L. Rabon, Esq.

United States District Court
for the Eastern District of Oklahoma

February 2, 1998

Scott Kayla Morrison, Esq.
P.O. Box 637
103 1/2 W. Main
Wilburton, OK 74578

----------------------------------
C I V I L M I N U T E S
----------------------------------

6:98-cv-00011 Dry v. CFR Ct Indian Chocta

--------------
DOCKET ENTRY
--------------

MINUTE ORDER: Dismissing case pursuant to 28 U.S.C. Section 2241(c) as petitions have not satisfied the "in custody" requirement. (FHS) closing case (cc: all counsel)

THIS NOTICE SENT TO THE FOLLOWING COUNSEL:

---------------------------------------
Scott Kayla Morrison, Esq.

Robert L. Rabon, Esq.

  • PETITION FOR WRIT OF HABEAS CORPUS AND REQUEST FOR EVIDENTIARY HEARING AND MEMORANDUM OF LAW IN SUPPORT

    •  

    Indian Law Reporter, June 1996. MORRISON v. CHOCTAW NATION OF OKLAHOMA, et al., No. CA-1 (Court of Indian Appeals, Choctaw, Sept. 23, 1995)

    Indian Law Reporter, May 1997. DURANT, et al v. DRY, et al, No. C-96-02 (Choctaw Constitutional Court, Dec. 3,1996)

    MORRIS v. ROBERTS, Case No: C-82-4 (Choctaw Constitutional Court, September 14th, 1982)

    GARDNER V. ROBERTS, Case No: C-82-3 (Choctaw Constitutional Court, September 14th, 1982)