MCNEAL v. WARDEN

MCNEAL v. WARDEN

Petitioner:	WILLIAM MCNEAL
Respondent:	WARDEN
Case Number:	1:2018cv00439
Filed:	February 15, 2018
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Tanya Walton Pratt
Presiding Judge:	Doris L. Pryor
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
August 2, 2019	Filing 31 ORDER - DENYING PETITION FOR A WRIT OF HABEAS CORPUS. Mr. McNeal's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is denied, and a certificate of appealability shall not issue. Rule 11(a) of the Rules Governing Secti on 2254 Proceedings in the United States District Courts requires the district court to "issue or deny a certificate of appealability when it enters a final order adverse to the applicant." No reasonable jurist could dispute that Ground 1 is procedurally defaulted or that Grounds 2 and 3 are barred by Stone. Therefore, a certificate of appealability is denied. Final Judgment in accordance with this decision shall issue. (See Order.) Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 8/2/2019.(NAD)

Date Filed

Document Text

August 2, 2019

Filing 31 ORDER - DENYING PETITION FOR A WRIT OF HABEAS CORPUS. Mr. McNeal's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is denied, and a certificate of appealability shall not issue. Rule 11(a) of the Rules Governing Secti on 2254 Proceedings in the United States District Courts requires the district court to "issue or deny a certificate of appealability when it enters a final order adverse to the applicant." No reasonable jurist could dispute that Ground 1 is procedurally defaulted or that Grounds 2 and 3 are barred by Stone. Therefore, a certificate of appealability is denied. Final Judgment in accordance with this decision shall issue. (See Order.) Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 8/2/2019.(NAD)

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Petitioner: WILLIAM MCNEAL
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Respondent: WARDEN
Represented By:	Henry A. Flores, Jr.
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