United States District Court, N.D. Oklahoma
GLENN SHERMAN SEALS, JR. Petitioner,
DAVID PARKER, Respondent.
OPINION AND ORDER
DOWDELL, CHIEF JUDGE.
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). 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
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). 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.)
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
(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
(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).
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.
In Forma Pauperis Motion
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.