WHATLEY v. ZATECKY
||January 15, 2016
||US District Court for the Southern District of Indiana
||Matthew P. Brookman
||Tanya Walton Pratt
|Nature of Suit:
||Habeas Corpus (General)
|Cause of Action:
||28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
|Jury Demanded By:
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|April 10, 2017
ENTRY Denying Petition for Writ of Habeas Corpus and Denying Certificate of Appealability - For the reasons explained in this Entry, Petitoner Walker Whatley's the Petition for Writ of Habeas Corpus must be dismissed for lack of jurisdiction. In addition, the Court finds that a certificate of appealability should not issue. Judgment consistent with this Entry shall now issue in a separate order. (See Entry.) Copy to Petitioner via U.S. Mail. Signed by Judge Tanya Walton Pratt on 4/10/2017.(JLS)
|September 7, 2016
Order Appointing Counsel and Directing Further Proceedings - The Indiana Community Defender is appointed to represent petitioner Walker Whatley until it is determined whether he satisfies the "in custody" requirement of 28 U.S.C. § 2254(a). This inquiry shall proceed in the most expedited fashion possible. The respondent shall therefore have through September 19, 2016 in which to supplement the return to show cause by documenting whether Mr. Whatley's 2008 conviction wa s ordered to be served consecutive to the sentence imposed for the 2002 conviction. The assigned Magistrate Judge is requested to schedule a conference with counsel for the parties as soon after September 19, 2016 as is convenient for the purpose of discussing with counsel whether there is a dispute regarding the "in custody" requirement and if there is what measures are appropriate to resolve that dispute. **SEE ORDER** Copy to Petitioner via U.S. Mail. cc: IFCD Signed by Judge Tanya Walton Pratt on 9/7/2016.(JLS)
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