EDWARDS v. ZATECKY
| ADRIAN EDWARDS |
| DUSHAN ZATECKY |
| 1:2019cv01641 |
| April 23, 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 |
Docket Report
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This docket was last retrieved on August 29, 2019. A more recent docket listing may be available from PACER.
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Filing 11
Order Granting Petitioner's Motion for Extension of Time - Petitioner's motion for extension of time, dkt. #10 , is granted. Petitioner shall have through August 5, 2019, to respond to respondent's motion to dismiss. Signed by Judge James R. Sweeney II on 6/25/2019. (JDC)
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| Filing 10 MOTION for Extension of Time to File Response to Motion to Dismiss, filed by Petitioner ADRIAN EDWARDS. (JDC) |
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Filing 9
Order Denying Motion for Leave to Proceed In Forma Pauperis - Petitioner Adrian Edwards filed a petition for writ of habeas corpus on April 23, 2019. Dkt. #1 . On April 24, 2019, the Court allowed him through May 24, 2019, to pay the $5 filing fee or demonstrate his inability to do so. On June 7, 2019, Mr. Edwards filed a motion for leave to proceed in forma pauperis. Dkt. #8 . Mr. Edwards attached a prisoner trust account statement revealing that his account balance is $0.42. But on April 23, 2019, when Mr. Edwards filed his habeas corpus petition, his balance was over $100. And on May 24, 2019, the Court-extended deadline for paying the filing fee, his balance was over $20. Mr. Edwards's motion for leave to proceed in forma pauperis, dkt. #8 , is denied. Mr. Edwards shall have through July 11, 2019, to pay the $5.00 filing fee. (Copy to Petitioner via U.S. Mail) Signed by Judge James R. Sweeney II on 6/11/2019. (JDC)
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| Filing 8 MOTION for Leave to Proceed in forma pauperis, filed by Petitioner ADRIAN EDWARDS. (Attachments: #1 Exhibit - Offender Transction History Inquiry)(DWH) |
| Filing 7 BRIEF/MEMORANDUM in Support re #6 MOTION to Dismiss , filed by Respondent DUSHAN ZATECKY. (Attachments: #1 Exhibit A - Trial and Post-conviction CCS, #2 Exhibit B - Docket for Direct Appeal, #3 Exhibit C - Docket for Post-conviction Apepal, #4 Exhibit D - Indiana Court of Appeals' Decision in Post-conviction Appeal)(Szyper, Caryn) |
| Filing 6 MOTION to Dismiss , filed by Respondent DUSHAN ZATECKY. (Szyper, Caryn) |
| Filing 5 NOTICE of Appearance by Caryn Nieman Szyper on behalf of Respondent DUSHAN ZATECKY. (Szyper, Caryn) |
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Filing 4
ORDER TO SHOW CAUSE (State Conviction) - ADRIAN EDWARDS's petition for a writ of habeas corpus challenges the petitioner's conviction and sentence in Indiana state court case number 49G01-0408-MR-145104. Petitioner shall have through 5/24/2019, in which to either pay the $5.00 filing fee for this action or demonstrate his/her financial inability to do so. Respondent is ORDERED to enter an appearance by 5/6/2019. If respondent argues that all claims in the petition are subject to one of the procedural bars for dismissal outlined in Rule 5(b), respondent is ORDERED to file a motion to dismiss based on a complete procedural bar by 6/5/2019. If Track 1 does not apply, respondent is ORDERED to answer the petition by 6/26/2019. The Court does not anticipate extending respondent's deadlines absent respondent specifically setting forth extraordinary circumstances (SEE ORDER FOR ADDITIONAL INFORMATION AND DEADLINES) Signed by Judge James R. Sweeney II on 4/24/2019. (JDC)
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 2 PETITION for Writ of Habeas Corpus filed by ADRIAN EDWARDS. (No fee paid with this filing) (DJH) |
| Filing 1 CONSENT to Prisoner E-Service by ADRIAN EDWARDS located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by ADRIAN EDWARDS 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. (DJH) |
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| Petitioner: ADRIAN EDWARDS | |
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| Respondent: DUSHAN ZATECKY | |
| Represented By: | Caryn Nieman Szyper |
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