SINGLETON v. STATE OF INDIANA
| KEVIN SINGLETON |
| STATE OF INDIANA |
| 1:2019cv01316 |
| April 1, 2019 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Tanya Walton Pratt |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 12
FINAL JUDGMENT - The Court having this day made its Order directing the entry of final judgment, now enters FINAL JUDGMENT. The petition was dismissed without prejudice. Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 5/13/2019.(NAD)
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Filing 11
Order - Dismissing Action, Directing Entry of Final Judgment, And Denying Certificate of Appealability. Mr. Singleton was allowed through April 25, 2019, to show cause why this action should not be dismissed (1) for failure to exhaust state court remedies and (2) under the abstention doctrine recognized in Younger v. Harris. (See Order). Mr. Singleton has not responded and the time for doing so has passed. Accordingly, for the reasons explained in the Order of April 3, 2019 (dkt. #10 ), this action is dismissed without prejudice. Final judgment shall now enter. In deciding whether a certificate of appealability should issue, "the only question is whether the applicant has shown that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further." Jurists of reason would not disagree with this Court's resolution of his claims and nothing about the claims deserve encouragement to proceed further. Therefore, a certificate of appealability is denied. Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 5/13/2019.(NAD)
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Filing 10
Order - Dismissing Petition Without Prejudice, Denying Pending Motions, and Directing Petitioner to Show Cause. Therefore, Mr. Singleton's filing, construed as a petition for a writ of habeas corpus, is dismissed without prejudice. All pending motions, dkts. #6 , #7 , and #8 , are denied as moot. Before this action is dismissed and the case closed, Mr. Singleton shall have through April 25, 2019, in which to cause why this action should not be dismissed without prejudice and final judgment entered. The failure to show cause by that deadline will result in the dismissal of this action and the entry of final judgment without further notice to plaintiff. (See Order.) Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 4/3/2019. (NAD)
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| Filing 9 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MAC) |
| Filing 8 MOTION for Telephonic Appearance at Hearing, filed by Petitioner KEVIN SINGLETON. (MAC) |
| Filing 7 MOTION for and Record of Proceedings, filed by Petitioner KEVIN SINGLETON. (Attachments: #1 Civil Cover Sheet, #2 Envelope). (MAC) |
| Filing 6 MOTION for Emergency Writ against Respondent, filed by Petitioner KEVIN SINGLETON. (Attachments: #1 Cover Letter, #2 Envelope). (MAC) |
| Filing 5 NOTICE of Entry of Appearance for the limited purpose of filing a Motion to Withdraw Guilty Plea, filed by Petitioner KEVIN SINGLETON. (Attachments: #1 Envelope). (MAC) |
| Filing 4 NOTICE of Entry of Appearance for the limited purpose of the proceedings to be held on Petitioner's Motion for Record of Proceedings, filed by Petitioner KEVIN SINGLETON. (Attachments: #1 Envelope). (MAC) Modified on 4/2/2019 (MAC). (Main Document 4 replaced on 4/2/2019) (MAC). |
| Filing 3 NOTICE of Entry of Appearance for limited purpose of filing a Petition for Post-Conviction Relief, filed by Petitioner KEVIN SINGLETON. (Attachments: #1 Envelope). (MAC) |
| Filing 2 AFFIDAVIT IN SUPPORT re #1 Petition for Writ of Habeas Corpus by KEVIN SINGLETON. (Attachments: #1 Cover Letter, #2 Envelope). (MAC) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by KEVIN SINGLETON. (No fee paid with this filing). (Attachments: #1 Text of Proposed Order, #2 Envelope). (MAC) |
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