STOKES v. KNIGHT
| JOHN E. STOKES |
| WENDY KNIGHT |
| 1:2019cv01433 |
| April 9, 2019 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| James R Sweeney |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
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| Document Text |
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| Filing 4 CLOSED JUDGMENT. FINAL JUDGMENT PURSUANT TO FED. R. CIV. PRO. 58 - The Court having this day made its Entry directing the entry of final judgment, the Court now enters FINAL JUDGMENT. The action is dismissed for lack of jurisdiction. Signed by Judge James R. Sweeney II on 4/15/2019. (Copy to Petitioner via U.S. Mail)(JDC) |
| Filing 3 Entry Dismissing Petition for Writ of Habeas Corpus - The petitioner filed the instant habeas petition challenging a prison disciplinary proceeding in CIC 18- 12-0308 which he was found guilty. For the reasons stated below, this petition is denied and this action is dismissed pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Court. Rule 4 provides that upon preliminary consideration by the district court judge, "[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner." Here, the petitioner's sanction did not include the loss of good-time credits or a demotion in credit-class earning. Therefore, the petitioner is not "in custody" under 2254, and his petition for a writ of habeas corpus is dismissed pursuant to Rule 4. Judgment consistent with this Entry shall now issue. (Copy to Petitioner via U.S. Mail) Signed by Judge James R. Sweeney II on 4/15/2019.(JDC) |
| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by JOHN E. STOKES. (Filing fee $5, receipt number IP064650) (Attachments: #1 Exhibit - Disciplinary documents, #2 Cover Letter, #3 Envelope)(REO) |
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| Petitioner: JOHN E. STOKES | |
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| Respondent: WENDY KNIGHT | |
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