United States District Court, W.D. Oklahoma
REPORT AND RECOMMENDATION
T. ERWIN UNITED STATES MAGISTRATE JUDGE
prisoner Robert Strange seeks a writ of habeas corpus under
28 U.S.C. § 2241. (ECF No. 1). United States District
Judge Timothy D. DeGiusti has referred this matter to the
undersigned magistrate judge for initial proceedings
consistent with 28 U.S.C. § 636(b)(1)(B)-(C). The Court
should summarily DISMISS the petition
Court is required to review habeas petitions promptly and to
“summarily dismiss [a] petition without ordering a
responsive pleading, ” Mayle v. Felix, 545
U.S. 644, 656 (2005), “[i]f it plainly appears from the
petition and any attached exhibits that the petitioner is not
entitled to relief in the district court.” See
R. 4, R. Governing § 2254 Cases in U.S. Dist.
FACTUAL BACKGROUND AND PETITIONER'S CLAIMS
informs the Court that he was convicted in Caddo County
District Court in 2008 and is currently confined at the
Lawton Correction Facility, serving life without parole.
See ECF No. 1.
§ 2241 Petition, Mr. Strange raises multiple grounds for
relief. See ECF No. 1:6-7. According to Petitioner:
• Law enforcement officials failed to read him his
• A search warrant which presumably led to his arrest
and conviction contained inaccurate information;
• The Caddo County District Court lacked jurisdiction
over the conviction because Petitioner is a member of the
Kiowa tribe and the crimes of conviction were committed
against other tribe members;
• His trial attorney rendered ineffective assistance;
• The trial court improperly denied DNA and lie detector
(ECF No. 1:6-8).