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Seals v. Parker

United States District Court, N.D. Oklahoma

May 1, 2019

GLENN SHERMAN SEALS, JR. Petitioner,
v.
DAVID PARKER, Respondent.

          OPINION AND ORDER

          JOHN E DOWDELL, CHIEF JUDGE.

         Before the Court is Glenn Sherman Seals' consolidated 28 U.S.C. § 2241 habeas corpus action (Doc. 1 in No. 19-CV-100; Doc. 1 in No. 19-CV-200).[1] Also before the Court is his motion to proceed in forma pauperis (Doc. 2). Seals contends his pretrial detention is unlawful because the state court granted multiple continuances. (Doc. 1-1 at 2; Doc. 1-2 at. 6). He also challenges the State's evidence, the manner of his arrest, and certain motions filed by the Public Defender. (Doc. 1-1 at 6-8; Doc. 1-2 at 6-7). For the reasons below, the Court will require Seals to show cause why both petitions should not be dismissed for failure to exhaust state remedies.

         I. Background

         Seals was charged with kidnapping (Okla. Stat. tit. 21, § 741), sexual battery (Okla. STAT. tit. 21, § 1123(B)) and lewd proposition of a minor (OKLA STAT. tit. 21, § 1123(a)) in November of 2018. (Doc. 1-1 at 6). The state court held a preliminary hearing and fixed a bond of $64, 250. (Tulsa County Court Case CF-2018-5205).[2] Seals could not post bond and was remanded to custody. Id. Seals was scheduled to appear for an unspecified hearing in January 2019. (Doc. 1-1 at 2). However, the state court continued the hearing to allow the Public Defender to file a motion addressing competency. (Tulsa County Court Case CF-2018-5205). The state docket reflects that the competency proceedings are ongoing. (Id.)

         Seals filed the first § 2241 petition (Doc. 1-1) in this Court on February 22, 2019. Three days later, Seals filed a second § 2241 Petition (Doc. 1-2) in the United States District Court for the Western District of Oklahoma (Western District). By an Order entered April 12, 2019, the Western District transferred the second Petition to this Court. (Doc. 5 in 19-CV-200). The Court consolidated the habeas actions pursuant to Fed.R.Civ.P. 42(a). (Doc. 3 in 19-CV-100). Taken together, the Petitions raise the following grounds for relief:

(Ground 1): Seal's pretrial detention is unlawful because the state court granted more than one continuance.
(Ground 2): The manner of Seal's arrest was unconstitutional, and the arresting officers falsified evidence.
(Ground 3): The Public Defender violated Seals' right to remain silent and inflicted cruel and unusual punishment on Seals by filing a motion to determine competency.
(Ground 4): Tulsa County Jail officials are pressuring Seals to plead guilty by manipulating his family members.

(Doc. 1-1 at 6-8; Doc. 1-2 at 6-7).

         Seals asks the Court to order his release from custody and award damages equal to $1000 for each day of incarceration beyond January 9, 2019 (the continued hearing date). (Doc. 1-1 at 8; Doc. 1-2 at 7). Seals submitted an in forma pauperis motion (Doc. 2) along with the Petitions, and the matter is ready for initial review.

         II. In Forma Pauperis Motion

         Seals seeks to prosecute the consolidated habeas action without prepaying the $5 filing fee. In forma pauperis relief is available where the petitioner's statement of assets demonstrates he is unable to prepay the filing fee before commencing suit. See 28 U.S.C. § 1915(a). Seals' affidavit indicates he currently has no income or assets. (Doc. 2 at 1-2). The Court will therefore grant the Motion. Seals is reminded that even though prepayment is excused, he remains obligated to pay the $5 filing fee at a later time.

         III. Initial ...


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