SALISBURY v. NEW CASTLE CORRECTIONAL FACILITY
MARK SALISBURY |
KEITH BUTTS and NEW CASTLE CORRECTIONAL FACILITY |
1:2013cv00856 |
May 24, 2013 |
US District Court for the Southern District of Indiana |
Indianapolis Office |
Tim A. Baker |
Tanya Walton Pratt |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
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Filing 15 Entry Discussing Petition for Writ of HabeasCorpus and Denying Certificate of Appealability - Petitioner Mark Salisbury seeks habeas corpus relief with respect to his conviction for child molesting in the DeKalb Superior Court. Having considered th e pleadings, the expanded record, and the parties' arguments, and being duly advised, the Court finds that Salisbury has not shown his entitlement to relief and that his petition for writ of habeas corpus must be denied. Judgment consistent w ith this Entry shall now issue. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing ' 2254 proceedings, and 28 U.S.C. ' 2253(c), the court finds that Salisbury has failed to show that reasonable jurist s would find Ait debatable whether the petition states a valid claim of the denial of a constitutional right." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The court therefore denies a certificate of appealability. Copy Mailed. **SEE ENTRY**Signed by Judge Tanya Walton Pratt on 6/15/2015 (MGG) Modified on 6/15/2015 (MGG). |
Filing 5 Entry Concerning Selected Matters - The petitioner's current custodian, as shown in the caption of this Entry, is substituted as the sole respondent. Because Salisbury's habeas petition appears on its face to be deficient, he shall have through June 17, 2013, in which to supplement his petition consistent with the circumstances discussed in Part II of this Entry. If available, petitioner shall also include with his supplement a transcript of his guilty plea hearing. Signed by Judge Tanya Walton Pratt on 5/31/2013. (copy to Petitioner via US Mail) (JKS) |
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