Oklahoma Western District Court
Judge:Charles Goodwin
Case #: 5:24-cv-01266
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Dec 04, 2024
Terminated:Jan 15, 2025
Last checked: Sunday Jan 19, 2025 3:39 AM CST
Defendant
Tom Bates
Represented By
Zachary P West
contact info
Garry M Gaskins, II
Drummond Law PLLC
contact info
Kyle Peppler
Oklahoma Office Of The Attorney General
contact info
Defendant
Richard Miller
Represented By
Zachary P West
contact info
Garry M Gaskins, II
Drummond Law PLLC
contact info
Kyle Peppler
Oklahoma Office Of The Attorney General
contact info
Defendant
Oklahoma Pardon and Parole Board
Represented By
Zachary P West
contact info
Garry M Gaskins, II
Drummond Law PLLC
contact info
Kyle Peppler
Oklahoma Office Of The Attorney General
contact info
Plaintiff
Kevin Underwood
Represented By
Emma V Rolls
Federal Public Defender-Okc
contact info
Hunter S Labovitz
Federal Public Defender Office/w.D. Okla.
contact info
Brendan Mathew Van Winkle
Federal Public Defender'S Office
contact info


Docket last updated: 3 hours ago
Wednesday, January 15, 2025
28 28 order Judgment Wed 01/15 4:56 PM
JUDGMENT. This matter is dismissed without prejudice. Signed by Judge Charles Goodwin on 01/15/2025. (jb)
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27 27 2 pgs order Order on Motion to Dismiss Wed 01/15 4:53 PM
ORDER granting24 Motion to Dismiss. This action is dismissed without prejudice. Signed by Judge Charles Goodwin on 01/15/2025. (jb)
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Monday, December 23, 2024
26 26 appeal USCA - Mandate Issued Thu 12/26 9:08 AM
USCA MANDATE Issued re17 Notice of Appeal filed by Kevin Underwood. Mandate issued. 24-6259 (llr)
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25 25 appeal USCA Order Thu 12/26 9:05 AM
ORDER of USCA as to17 Notice of Appeal filed by Kevin Underwood. Frap 42; Procedural termination after other judicial action; Written, unsigned, unpublished. Judges Matheson, Bacharach and Rossman. Mandate to issue 24-6259 . (llr)
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24 24 motion Dismiss Mon 12/23 10:33 AM
MOTION to Dismiss by Kevin Underwood. (Van Winkle, Brendan)
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Wednesday, December 18, 2024
23 23 appeal Petition for Writ of Certiorari - Supreme Court Wed 12/18 5:06 PM
PETITION FOR WRIT OF CERTIORARI re Supreme Court Number 24-6159 Petition for writ of certiorari filed by Kevin R. Underwood on 12/17/2024 and placed on the Supreme Court docket 12/17/2024 as Supreme Court Number 24-6159 24-6259 (naa)
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Wednesday, December 11, 2024
22 22 appeal USCA Order Thu 12/12 7:45 AM
ORDER of USCA as to17 Notice of Appeal filed by Kevin Underwood. Order filed by Judges Matheson, Bacharach and Rossman lifting the court's temporary stay and denying appellant's motion for stay of clemency proceedings. Judge Rossman would grant the motion. See order for details. Served on 12/11/2024. 24-6259 (rp)
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Monday, December 09, 2024
21 21 1 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Mon 12/09 2:21 PM
ORDER granting2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Charles Goodwin on 12/09/2024. (jb)
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20 20 appeal USCA Order Mon 12/09 9:19 AM
ORDER of USCA as to17 Notice of Appeal filed by Kevin Underwood. Order filed by Judges Matheson, Bacharach and Rossman. Response to appellant's motion for stay due on or before 4:00 p.m. Central Standard Time on 12/09/2024 for Tom Bates, Richard Miller and Oklahoma Pardon and Parole Board. Reply due on or before 9:00 a.m. Central Standard Time on 12/10/2024 by Kevin R. Underwood. The court enters a temporary stay of clemency proceedings scheduled for 12/09/2024. Served on 12/09/2024. 24-6259 (rp)
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19 19 appeal USCA Case Number Mon 12/09 9:12 AM
Tenth Circuit USCA Case Number 24-6259 for17 Notice of Appeal filed by Kevin Underwood. Prisoner case docketed. DATE RECEIVED: 12/08/2024. Notice of appearance, transcript order form, designation of record and appointment motion due 12/23/2024 by Kevin Underwood. Notice of appearance due on 12/23/2024 for Tom Bates, Richard Miller and Oklahoma Pardon and Parole Board. 24-6259 (rp)
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Sunday, December 08, 2024
18 18 appeal Preliminary Record Letter - Tenth Circuit Sun 12/08 6:47 PM
PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re17 Notice of Appeal(jcc)
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Att: 1 Attachment 1 - Preliminary Record on Appeal
17 17 appeal Notice of Appeal Sun 12/08 3:12 PM
NOTICE OF APPEAL as to16 Order on Motion for Order by Kevin Underwood. (Van Winkle, Brendan)
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16 16 13 pgs order Order on Motion for Order Sun 12/08 9:18 AM
ORDER denying3 Motion to Stay. Signed by Judge Charles Goodwin on 12/08/2024. (jb)
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Saturday, December 07, 2024
15 15 respm Reply Sat 12/07 6:45 PM
REPLY by Plaintiff Kevin Underwood re14 Response to Motion, filed by Kevin Underwood.(Van Winkle, Brendan)
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Att: 1 Attachment Email from PPB to FPD
Friday, December 06, 2024
14 14 respm Response to Motion Fri 12/06 7:31 PM
RESPONSE to Motion re3 MOTION for Order filed by All Defendants.(West, Zachary)
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Att: 1 Exhibit 1 - Notice to Attorneys re Special Meeting 2024.12.02,
Att: 2 Exhibit 2 - December 2024 Meeting Agenda,
Att: 3 Exhibit 3 - Board Policy 101,
Att: 4 Exhibit 4 - Special Meeting Notice Filing Confirmation 2024.12.02,
Att: 5 Exhibit 5 - December 9. 2024 Special Meeting Agenda
13 13 minutes Motion Hearing Fri 12/06 5:29 PM
Minute Entry for proceedings held before Judge Charles Goodwin: Motion Hearing held on 12/6/2024 re3 Emergency MOTION for Stay of Execution filed by Kevin Underwood. (Court Reporter Emily Cripe.) (jb)
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12 12 respm Reply to Response to Motion Fri 12/06 1:22 PM
REPLY to Response to Motion re3 MOTION for Order to Stay Execution filed by Kevin Underwood. (Van Winkle, Brendan)
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11 11 notice Entry of Appearance Fri 12/06 11:58 AM
ENTRY of Appearance by Kyle Peppler on behalf of All Defendants (Peppler, Kyle)
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10 10 respm Response in Opposition to Motion Fri 12/06 11:54 AM
RESPONSE in Opposition re3 MOTION for Order for Stay of Execution filed by All Defendants.(West, Zachary)
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Att: 1 Exhibit 1 - Stava Appointment Order 2024.12.05,
Att: 2 Exhibit 2 - Susan H. Stava Declaration,
Att: 3 Exhibit 3 - Pardon and Parole Board Policy 101,
Att: 4 Exhibit 4 - Jessica Stegner Declaration,
Att: 5 Exhibit 5 - Fields Docket,
Att: 6 Exhibit 6 - Fields Motion to Continue
9 9 notice Entry of Appearance Fri 12/06 11:44 AM
ENTRY of Appearance by Zachary P West on behalf of All Defendants (West, Zachary)
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8 8 notice Entry of Appearance Fri 12/06 11:36 AM
ENTRY of Appearance by Garry M Gaskins, II on behalf of All Defendants (Gaskins, Garry)
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Thursday, December 05, 2024
7 7 notice Entry of Appearance Thu 12/05 1:56 PM
ENTRY of Appearance by Emma V Rolls on behalf of Kevin Underwood (Rolls, Emma)
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6 6 service Summons Returned Executed Thu 12/05 10:59 AM
SUMMONS Returned Executed by Kevin Underwood. All Defendants. (Labovitz, Hunter)
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Wednesday, December 04, 2024
5 5 1 pgs order Order Setting Hearing on Motion Wed 12/04 5:44 PM
ORDER. Defendants shall file their response(s) to the Emergency Motion for Stay (Doc. No.3 ) no later than 12:00 p.m. on Friday, December 6, 2024. Plaintiff's Emergency Motion for Stay is hereby set for hearing on Friday, December 6, 2024, at 2:00 p.m. in Courtroom 305 of the William J. Holloway, Jr. United States Courthouse. Signed by Judge Charles Goodwin on 12/04/2024. (jb)
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4 4 service Summons Issued Wed 12/04 4:25 PM
Summons Issued Electronically as to Tom Bates, Richard Miller, Oklahoma Pardon and Parole Board. (rp)
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3 3 11 pgs motion Order Wed 12/04 4:23 PM
Emergency MOTION for Stay of Execution and Brief in Support by Kevin Underwood. (rp)
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2 2 motion Proceed In Forma Pauperis Wed 12/04 4:20 PM
MOTION for Leave to Proceed in forma pauperis by Kevin Underwood.(rp)
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Att: 1 Attachment 1 - Offender Statement Report
1 1 cmp Complaint Wed 12/04 4:18 PM
COMPLAINT against Tom Bates, Richard Miller, Oklahoma Pardon and Parole Board filed by Kevin Underwood.(rp)
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Att: 1 Attachment 1 - Email Exchange,
Att: 2 Attachment 2 - Email Exchange,
Att: 3 Attachment 3 - Pardon and Parole Board - Board Members,
Att: 4 Civil Cover Sheet