RHODES v. FLEMING et al
| TRACEY RHODES |
| ZAKI ALI, CINDY BABB, CITY OF KOKOMO, DONALD CLOUM, JAMES R. FLEMING, MARGARET JOHNSON, KOKOMO POLICE DEPARTMENT, DAN J. MAY, ST. JOSEPH HOSPITAL AND HEALTH CENTER, INC., DONALD WHITEHEAD and DAVID WILLIAMS |
| 1:2015cv01067 |
| July 9, 2015 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A. Baker |
| William T. Lawrence |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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| Document Text |
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Filing
25
ENTRY: Because Rhodes cannot meet this requirement as to the Howard County conviction, and because this is apparent from the face of his petition for writ of habeas corpus, that petition is denied and this action will be dismissed for lack of jurisdiction. Judgment consistent with this Entry shall now issue. The court therefore denies a certificate of appealability ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 8/25/2015. Copy sent via US Mail.(DW)
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Filing
22
Entry Concerning Selected Matters: The only proper respondent in an action for habeas corpus is the petitioner's custodian, named in his or her official capacity. None of the individuals, businesses or agencies designated as co-respond ents is Rhodes' custodian. All such co-respondents are therefore stricken. The motions to dismiss filed by certain of the designated respondents [dkts 12, 19 and 20] are denied as moot. Rhodes' motion for extension of time to resp ond to directions in the Entry of July 14, 2015 [dkt 16] is granted. He shall have through September 1, 2015 in which to do so. 4. Rhodes' address and his habeas petition do not indicate that he is presently confined. For the present , Indiana Attorney General Greg Zoeller is designated as the respondent as shown in the caption of this Entry. The motion for the appointment of counsel [dkt 14] is denied ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 8/11/2015. Copy sent via US Mail. (DW)
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