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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

WICHITA FALLS DIVISION

STATE OF OKLAHOMA,

JOHN M. O’CONNOR, in his official 

capacity as Attorney General of Oklahoma, and

STEVE KUNZWEILER, in his official 

capacity as District Attorney for District 14 of 

Oklahoma (Tulsa County)

Plaintiffs,

v.

HERIBERTO TELLEZ, in both his official 

capacity as Regional Director of the South 

Central Region of the Federal Bureau of Prisons, 

and his individual capacity, 

COLETTE S. PETERS, in both her official 

capacity as Director of the Federal Bureau of 

Prisons, and her individual capacity,

S.R. GRANT, in both his official capacity as 

Acting Complex Warden of FCC Pollock, and 

his individual capacity, and 

FEDERAL BUREAU OF PRISONS,

Defendants.

Civil Action No: _______________

PLAINTIFFS’ MOTION FOR A WRIT OF HABEAS CORPUS OR, IN THE 

ALTERNATIVE, A TEMPORARY RESTRAINING ORDER/PRELIMINARY 

INJUNCTION

Pursuant to 28 U.S.C. § 2241(c)(3), Plaintiffs seek a transfer of John Hanson through a writ of 

habeas corpus because he is an inmate currently in federal custody in violation of a law of the United 

States—18 U.S.C. § 3623, the prisoner transfer statute. Alternatively, pursuant to Federal Rule of Civil 

Procedure 65 and Local Civil Rule 7.1, Plaintiffs respectfully move this Court for a preliminary 

injunction to enjoin Defendants from denying a transfer of Hanson and an order instructing 

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Defendants to transfer him immediately to Oklahoma. As explained in the accompanying 

memorandum, Defendants’ actions violate federal law and warrant either a writ of habeas corpus or 

an injunction.

In support of this Motion, Plaintiffs rely on the following:

1. The Brief in support of this motion, filed contemporaneously herewith;

2. The Complaint in this matter, ECF No. 1; and

3. All further evidence necessary to support this Motion, filed hereafter or presented at any 

 hearing on this Motion.

Plaintiffs respectfully request the following relief: 

a) A writ of habeas corpus requiring the surrender of inmate John Hanson to Oklahoma state 

authorities;

b) An injunction enjoining Defendants from violating 18 U.S.C. § 3623;

c) A declaration that Defendants have unlawfully refused to transfer inmate Hanson to state 

custody under 18 U.S.C. § 3623 and accompanying Order that Defendants do so before 

November 9, 2022;

d) A judgment for costs as appropriate under 28 U.S.C. § 2412; and

e) Such other relief as the Court may deem just and proper.

A Proposed Order outlining the scope of the requested relief is attached.

WHEREFORE, Plaintiffs respectfully request that the Court grant this Motion for a Writ of 

Habeas Corpus or, in the Alternative, a Temporary Restraining Order/Preliminary Injunction against 

the Government.

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Dated: October 25, 2022 Respectfully submitted,

/s/ John C. Sullivan

John C. Sullivan

S|L LAW PLLC

Texas Bar Number: 24083920

610 Uptown Blvd., Suite 2000

Cedar Hill, TX 75104

Phone: (469) 523-1351

Facsimile: (469) 613-0891

john.sullivan@the-sl-lawfirm.com

Bryan Cleveland*

 Chief, Reserved Powers Protection Unit

Will Flanagan*

 Assistant Solicitor General

OKLAHOMA ATTORNEY GENERAL’S OFFICE

313 NE 21st Street

Oklahoma City, OK 73105

Phone: (405) 521-3921

bryan.cleveland @oag.ok.gov

*pro hac vice motion forthcoming

Counsel for Plaintiffs

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CERTIFICATE OF SERVICE

I hereby certify that the undersigned document was served on Defendants on October 25, 

2022, along with service of the Complaint in compliance with Fed. R. Civ. P. 4(i).

/s/ John C. Sullivan

John C. Sullivan

CERTIFICATE OF CONFERENCE

As required by Local Civil Rule 7.1, I hereby state that no conference was held on this Motion 

because I was unable to identify the counsel for Defendants in advance of filing the Complaint and 

this Motion. The Motion is presumed to be opposed.

/s/ John C. Sullivan

John C. Sullivan

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