GENTRY v. SMITH
| LARRY A. GENTRY |
| BRIAN SMITH |
| 1:2019cv01199 |
| March 26, 2019 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| James R Sweeney |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 19 Second Submission of Amended Petition and Exhibits, filed by Petitioner LARRY A. GENTRY. (JDC) |
Filing 18
Order Denying Petitioner's Motion - Petitioner Larry A. Gentry's June 12, 2019, motion asking the Court to deny the Respondent an extension of time if he asks for one, dkt. #17 , is denied. The terms of the Order to Show Cause dkt. #6 govern whether the Respondent may obtain an extension of time. Signed by Judge James R. Sweeney II on 6/13/2019. (JDC)
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| Filing 17 MOTION To Deny The (42) Days Extension To Show Cause - Discipline Case, filed by Petitioner LARRY A. GENTRY. (Attachments: #1 Exhibit)(JDC) |
| Filing 16 CONSENT to Prisoner E-Service by LARRY A. GENTRY located at PUTNAMVILLE CF. Pursuant to General Order 2013-1, documents submitted by LARRY A. GENTRY to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (JDC) |
| Filing 15 AMENDED COMPLAINT filed by LARRY A. GENTRY. (Attachments: #1 Exhibit)(JDC) |
| Filing 14 Respondent's Notice of 42-day Extension of Deadline to File a Return to Order Show Cause, filed by BRIAN SMITH. Return to Order to Show Cause deadline is 7/23/2019. (Hein, Chandra) |
| Filing 13 NOTICE of Appearance by Chandra Hein on behalf of Respondent BRIAN SMITH. (Hein, Chandra) |
| Filing 12 Letter from Petitioner regarding filing of Amended Petition. (JDC) |
| Filing 11 AMENDED COMPLAINT filed by LARRY A. GENTRY.(JDC) |
| Filing 10 Correspondence REQUESTING COPY of Case Docket and Document(s). (Copies provided via US Mail) (Attachments: #1 public docket sheet, #2 docs) (JDC) |
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Filing 9
Order Denying Petitioner's Motion - Petitioner Larry A. Gentry's May 16, 2019, motion requesting the Court deny any future notice of extension of time by the Respondent, dkt. #8 , is denied. Respondent has not filed a notice of automatic extension. (Copy to Petitioner via U.S. Mail) Signed by Judge James R. Sweeney II on 5/20/2019. (JDC)
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| Filing 8 MOTION To Deny The (42) Days Extension To Show Cause - Discipline Case, filed by Petitioner LARRY A. GENTRY. (JDC) |
| Filing 7 RECEIPT #IP064946 for filing fee in the amount of $5.00, paid by Petitioner. (DJH) |
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Filing 6
Order to Show Cause - Discipline Case - Larry Gentry's amended petition for a writ of habeas corpus, filed on April 25, 2019, challenges his disciplinary conviction in ISF 17-05-0406 on September 6, 2018. Dkt. #4 . The second amended petition, filed on April 29, 2019, dkt. #5 , is a duplicate of the amended petition filed on April 25, 2019. The clerk shall strike the second amended petition from the docket. The petitioner shall have through May 30, 2019, in which to either pay the $5.00 filing fee for this action or demonstrate his financial inability to do so. The petitioner's custodian is directed to answer the allegations of the petitioner's amended petition for a writ of habeas corpus and in doing so shall show cause why the relief sought by the petitioner should not be granted insofar as the petitioner challenges the deprivation of a recognized liberty interest affecting the fact or the duration of his confinement. This shall be done within forty-two (42) days of the date this Entry is signed. The petitioner shall have twenty-eight (28) days after service of such answer or return to order to show cause on him in which to reply.If the petitioner's earliest possible release date (as reflected on the Indiana Department of Correction's website) is more than 1-year after the date the Return to Order to Show Cause is due, the Respondent is permitted to file a "Notice of 42-day Extension by Respondent (Habeas cases only)" which will extend the Respondent's deadline for filing a Return to Order to Show Cause by 42-days from the date the Notice is filed. The Notice must include the petitioner's anticipated release date if the relief sought by the petitioner is granted. Although additional motions for time are not anticipated, all subsequent motions for time must include the petitioner's anticipated release date if the relief sought by the petitioner is granted. (Copy to Petitioner via U.S. mail) Signed by Judge James R. Sweeney II on 4/30/2019.(JDC)
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| Filing 5 ***STRICKEN PER ORDER #6 ***AMENDED Petition for Writ of Habeas Corpus, filed by LARRY A. GENTRY. (Attachments: #1 Exhibits)(DWH) Modified on 5/1/2019 (JDC). |
| Filing 4 AMENDED Petition, filed by LARRY A. GENTRY. (Attachments: #1 Exhibit)(JDC) |
| Filing 3 ENTRY DIRECTING PETITIONER TO SUPPLEMENT PETITION - The Court has received the petitioner's petition for habeas corpus relief. In the petition, the petitioner alleges that he has served two sets of sanctions as a result of disciplinary case number ISF 17-05-0031. See dkt. #1 at 1. However, the sanctions imposed in disciplinary case number ISF 17-05-0031 were vacated, and the petition for writ of habeas corpus challenging that disciplinary hearing was dismissed as moot. See Case No. 2:17-cv-00535-JRS-DLP, dkt. 23 . To the extent the petitioner is challenging the re-hearing that occurred after the original sanctions were vacated, the petitioner has not identified the case number for that disciplinary hearing, nor has he stated the grounds on which he is challenging that disciplinary hearing. The petitioner shall have through April 29, 2019, in which to file an amended petition for writ of habeas corpus that clearly identifies the disciplinary case number, the sanctions imposed, and the grounds on which the petitioner is challenging the disciplinary hearing. The clerk shall include a copy of the Court's form Petition for Relief From a Prison Disciplinary Conviction with the petitioner's copy of this Entry. (Copies to Petitioner via U.S. Mail) Signed by Judge James R. Sweeney II on 3/29/2019. (Attachments: #1 pet writ habeas)(JDC) |
| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by LARRY A. GENTRY. (No fee paid with this filing) (HET) |
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| Respondent: BRIAN SMITH | |
| Represented By: | Chandra Hein |
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| Petitioner: LARRY A. GENTRY | |
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