LATTIMORE v. STATE OF INDIANA et al
| JAMES L. LATTIMORE |
| COMMISSIONER OF INDIANA DEPARTMENT OF CORRECTIONS, STATE OF INDIANA, INDIANA DEPARTMENT OF CORRECTIONS COMMISSIONER ROBERT E. CARTER, JR. and WARDEN OF PENDLETON CORRECTIONAL FACILITY |
| 1:2019cv00287 |
| January 25, 2019 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Sarah Evans Barker |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
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Filing 5
ORDER - Screening Petition,Dismissing Improper Respondents, Substituting Correct Respondent, and Ordering Petitioner to Show Cause; Petitioner James L. Lattimore, an Indiana Department of Correction inmate incarcerated at the Pendelton Correctional Facility, seeks habeas corpus relief pursuant to 28 U.S.C. 2254. He is represented by counsel. For purposes of this screening, the Court construes Mr. Lattimore's January 25, 2019, filing as a petition. The clerk is directed to substitute "Warden, Pendleton Correctional Facility," as the sole respondent, and to dismiss and terminate from the docket respondents "State of Indiana" and "Commissioner of Indiana Department of Corrections. Before dismissing the petition as barred by 28 U.S.C. 2244(d), the Court will allow Mr. Lattimore through March 4, 2019, to show cause why the petition should not be dismissed and this action allowed to proceed. Counsel is directed to furnish Mr. Lattimore with a copy of this Order. Signed by Judge Sarah Evans Barker on 2/4/2019.(CKM)
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| Filing 4 CONSENT to Jurisdiction to US Magistrate Judge by JAMES L. LATTIMORE. (Swanson, Donald) Modified on 2/6/2019 (LDH). |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) |
| Filing 2 NOTICE of Appearance by Donald Carl Swanson, Jr on behalf of Plaintiff JAMES L. LATTIMORE. (Swanson, Donald) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person in State Custody, filed by JAMES L. LATTIMORE. (Filing fee $5, receipt number 0756-5254359) (Attachments: #1 Exhibit A - Chronological Case Summary, #2 Exhibit B - Order of State Court, #3 Exhibit C - Petition for Successive PCR, #4 Exhibit D - Order of the Court of Appeals, #5 Civil Cover Sheet)(Swanson, Donald) |
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