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Strange v. United States Congress

United States District Court, W.D. Oklahoma

March 13, 2019

ROBERT JOE STRANGE, Petitioner,
v.
UNITED STATES CONGRESS, et al., Respondent.

          REPORT AND RECOMMENDATION

          SHON T. ERWIN UNITED STATES MAGISTRATE JUDGE

         State 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 without prejudice.

         I. SCREENING REQUIREMENT

         The 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. Ct.[1]

         II. FACTUAL BACKGROUND AND PETITIONER'S CLAIMS

         Petitioner 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.

         In the § 2241 Petition, Mr. Strange raises multiple grounds for relief. See ECF No. 1:6-7.[2] According to Petitioner:

• Law enforcement officials failed to read him his Miranda rights;
• 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; and
• The trial court improperly denied DNA and lie detector tests.

(ECF No. 1:6-8).

         III. ...


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