U.S. District Court
Eastern District of Oklahoma (Muskogee)

CIVIL DOCKET FOR CASE #: 98-CV-011

Dry, et al v. CFR Ct Indian Choctaw, et al
Assigned to: Judge Frank H. Seay
Demand: $0,000
Lead Docket: None
Dkt# in other court: None

REOPEN STAY

Filed: 01/09/98

Nature of Suit: 510
Jurisdiction: US Defendant

Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)

DOUGLAS DRY petitioner

Scott Kayla Morrison
[COR LD NTC1
P.O. Box 518
Country Village
Suite 8
Clayton, OK 74536
(918) 569-4999

ROSIE BURLISON petitioner

Scott Kayla Morrison
(See above)
[COR LD NTC]

JUANITA MCCONNELL petitioner

Scott Kayla Morrison
(See above)
[COR LD NTC]

v.

CFR COURT OF INDIAN OFFENSES FOR THE CHOCTAW NATION respondent

Robert L. Rabon
[COR LD NTC]
P.O. Box 726
Hugo, OK 74743
(580) 326-6427

JAMES WOLFE, Magistrate respondent

Robert L. Rabon
(See above)
[COR LD NTC]
Proceedings include all events.
6:98cvll Dry, et al v. CFR Ct Indian Choctaw, et al

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1/9/98 1 PETITION FOR WRIT OF HABEAS CORPUS by petitioner Douglas Dry, petitioner Rosie Burlison, petitioner Juanita McConnell and request for evidentiary hearing and memorandum of law in support. (sb)[Entry date 01/09/98]

1/9/98 FILING FEE PAID: on 1/9/98 in the amount of $5.00, receipt # 129873. (sb) [Entry date 01/12/98]

1/9/98 MAGISTRATE'S CONSENT FORM furnished to plaintiff's counsel (sb) [Entry date 01/12/98]

1/9/98 2 PRAECIPE AND ISSUING SUMMONS: by petitioner (sb)[Entry date 01/12/98]

1/15/98 -- CD # 18 deposited on 1/15/98 in the amount of $5.00 (sg) [Entry date 01/15/98]

1/22/98 3 RETURN OF SERVICE executed upon respondent James Wolfe on 1/13/98 by process server. (sg) [Entry date 01/23/98]

1/22/98 4 RETURN OF SERVICE executed upon respondent Choctaw CFR Court of Indian Offenses on 1/13/98 by process server.(sg) [Entry date 01/23/98]

1/29/98 5 MOTION by respondent to extend time to answer; resp to motion ddl 2/13/98 (tc) [Entry date 01/29/98]

1/30/98 6 MINUTE ORDER: ENTERING ORDER granting respondents' motion for enlargement of time to answer petitioners, complaint [5-1] until no later than February 17,1998. (Clerk) (cc:all counsel) (law) [Entry date 01/30/98]

2/2/98 7 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 (tc) [Entry date 02/02/98]

2/26/98 8 NOTICE OF APPEAL by petitioner Douglas Dry, petitioner Rosie Burlison, petitioner Juanita McConnell from Dist.Court decision [7-2] (cc: all counsel)(Preliminary record mailed to l0th)(sb) [Entry date 02/26/98]

2/26/98 -- RECEIVED re [8-1] fee ref Appeal in amount of $100.00 Receipt # 130090) $5.00 due on appeal fee.(sb)(Entry date 02/26/98]

2/27/98-- CD # 26 deposited on 2/27/98 in the amount of $100.00 (sg) [Entry date 02/27/98]

2/27/98-- RECEIVED re [8-1] fee ref Appeal Docket number: in amount of $5.00 (Receipt # 130096) (sb)[Entry date 03/02/98]

3/5/98-- CD # 27 deposited on 3/5/98 in the amount of $5.00 (sg)Proceedings include all events.

REOPEN
6:98cv11 Dry, et al v. CFR Ct Indian Choctaw, et al

STAY [Entry date 03/05/98]

3/9/98 9 TRANSCRIPT ORDER FORM: filed by plaintiff stating NO TRANSCRIPT NECESSARY for this appeal. regarding [8-1] (sb) [Entry date 03/09/98]

3/9/98 -- RECORD COMPLETE LETTER mailed to Tenth Circuit Court of Appeals. (sb) [Entry date 02/17/99]

3/16/98 -- NOTIFICATION by Appellate Court of Docket Number 98-7027 (law) [Entry date 03/17/98]

3/24/99 10 MANDATE from U.S. Court of Appeals reversing and remanding the decision of the District Court on appeal [8-11 (tm) [Entry date 03/24/99]

4/6/99 11 MINUTE ORDER: Directing defendants to file an answer to the Petition
for Writ of Habeas Corpus by 4/12/99. Further directing the parties to file briefs on the issue of whether Petitioners have sufficiently exhausted their trial remedies by 4/21/99. (FHS) (cc: all counsel) (ct) [Entry date 04/06/99]

4/12/99 12 ANSWER by respondents to Petition for Writ of Habeas Corpus (t1) [Entry date 04/12/99]

4/15/99 13 MOTION by respondent CFR Ct Indian Choctaw to stay proceedings, and request for expedited ruling; response deadline 4/30/99 (tc) [Entry date 04/15/99]

4/16/99 14 MINUTE ORDER: Respondents' motion to stay proceedings [13-1] and request for expedited ruling [13-2] filed 4/15/99 is hereby GRANTED. This action, including the required briefing on exhaustion of remedy issues, is STAYED for a period of 60 days or until June 16, 1999. (FHS) (cc: all counsel) (law) [Entry date 04/16/99]

4/19/99 15 NOTICE by petitioner of change of address of counsel Scott K. Morrison.(tc) [Entry date 04/19/99]

4/20/99 16 BRIEF by petitioners on Exhaustion of Tribal Remedies. (tc) [Entry date 04/21/99]

6/14/99 -- LETTER from the United States Court of Appeals for the Tenth Circuit
advising that a petition for writ of certiorari was filed on 5/21/99 and assigned Supreme Court No. 98-1879 (law) [Entry date 06/15/99]

6/15/99 17 MOTION by respondents to extend stay of proceedings and request for expedited ruling ; response deadline 6/30/99 (law) [Entry date 06/15/99] Proceedings include all events.6:98cv11 Dry, et al v. CFR Ct Indian Choctaw, et al

REOPEN STAY

6/15/99 18 MINUTE ORDER: Respondents' motion to extend stay of proceedings and request for expedited ruling filed 6/15/99 [17-1] is hereby GRANTED. Accordingly, the stay
of these proceedings has been extended until such time as the United States Supreme Court rules on respondents, petition for writ of certiorari. (FHS) (cc: all counsel) (law) [Entry date 06/15/99]

10/29/99 -- LETTER received from Tenth Circuit advising Petition for Writ of Cert filed on 10/4/99 re: Appeal No. 98-7027 (tl) [Entry date 11/01/99]

11/29/99 19 NOTICE by petitioner of change of address of counsel Scott Kayla Morrison (tc) [Entry date 11/29/99]

2/8/00 20 MINUTE ORDER: Requiring Respondents to file brief on the issue of exhaustion of Tribal remedies by February 28, 2000. (FHS) (cc: all counsel) (pb) [Entry date 02/08/00]

2/15/00 21 NOTICE by petitioner of change of address of counsel, Scott Kayla Morrison (t1) [Entry date 02/15/00]

2/28/00 22 RESPONDENTS' BRIEF by CFR Court and James Wolfe on Exhaustion of Tribal Remedies. (sb) [Entry date 02/28/00]

3/14/00 23 REPLY by petitioners to respondents' brief on exhaustion of tribal
remedies [22-11 (1w) [Entry date 03/14/00]

3/14/00 24 NOTICE by petitioners' counsel of name change (1w) [Entry date 03/14/00]

4/13/00 25 MINUTE ORDER: Entering order directing parties to file supplemental briefs by 4/27/00, on the exhaustion of tribal remedies issue addressing the structure of the
Choctaw Nation court system and, in particular, the appellate process available to Petitioners for review of the Court of Indian Offenses, denial of their motion to dismiss based on jurisdictional grounds. The parties should include within these supplemental briefs materials relevant to Petitioners' argument that the Choctaw Court of Indian Appeals is not a duly constituted tribal court. (FHS) (cc: all counsel) (sb) [Entry date 04/13/00]

4/27/00 26 SUPPLEMENTAL BRIEF by petitioners on exhaustion of tribal remedies [16-1] (1w) [Entry date 04/27/00]

4/27/00 27 SUPPLEMENTAL BRIEF by respondents on exhaustion of tribal remedies [13-1] (1w) [Entry date 04/28/00]

5/5/00 28 ORDER by Judge Frank H. Seay finding that petitioners have exhausted their tribal remedies as required under 25 U.S.C. Sec. 1303. Consequently, the court will proceed to determine the merits of Petitioners, petition for writ of habeas corpus. The parties shall file written briefs by 7/14/00 addressing the issues raised in the petition (cc: all counsel) (t1) [Entry date 05/05/00]

29 Respondent's Motion to Dismiss Because the Controversy is Now Moot with attached Dismissals

30 Defendant's Response to Motion to Dismiss Because the Controversy is Now Moot

31

32 Respondent's Reply to Defendant's Response to Motion to Dismiss Because the Controversy is Now Moot

8/1/00 Order by Judge Frank H. Seay