MURPHY v. NEAL
| ROBERT MURPHY |
| RON NEAL |
| 1:2019cv02526 |
| June 21, 2019 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Tanya Walton Pratt |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 17
ORDER - This habeas action was dismissed as an unauthorized successive petition on August 14, 2019. Dkt. #11 . On the same day, the petitioner filed three motions for subpoenas. The petitioner's motions, dkt. #13 , dkt. #14 , and dkt. #15 , are denied as moot because the case is closed. To obtain another round of federal collateral review, the petitioner must seek permission from the Court of Appeals under 28 U.S.C. 2244(b). Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 8/15/2019. (NAD) (Main Document 17 replaced on 8/16/2019) (NAD).
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| Filing 16 RESPONSE, re #11 Order, #12 Closed Judgment, filed by Petitioner ROBERT MURPHY. (Attachments: #1 Envelope)(NAD) |
| Filing 15 MOTION for Subpoena Duces Tecum, filed by Petitioner ROBERT MURPHY. (NAD) |
| Filing 14 MOTION for Subpoena, filed by Petitioner ROBERT MURPHY. (NAD) |
| Filing 13 MOTION for Subpoena, filed by Petitioner ROBERT MURPHY. (NAD) |
| Filing 12 FINAL JUDGMENT - The Court now enters FINAL JUDGMENT in favor of the respondent and against the petitioner. The petitioner's petition for writ of habeas corpus is denied for lack of jurisdiction. Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 8/14/2019.(NAD) |
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Filing 11
ORDER DISMISSING HABEAS ACTION - Petitioner Robert Murphy filed this habeas petition pursuant to 28 U.S.C. 2254 challenging his Indiana conviction in case number 18C05-0903-MR-0001. Even a meritorious showing of actual innocence does not permit this Court to ignore the bar on second or successive habeas petitions. Instead, actual innocence is a basis to seek authorization from the Court of Appeals to file a second or successive 2254. Without such authorization, this Court lacks jurisdiction over second or successive habeas actions and must dismiss them. Accordingly, this action is dismissed for a lack of jurisdiction. Mr. Murphy must obtain authorization from the Seventh Circuit Court of Appeals before this Court may consider his habeas petition. Final Judgment in accordance with this decision shall issue. (See Order.) Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 8/14/2019.(NAD)
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| Filing 10 RESPONSE, re #6 Order to Show Cause, filed by Petitioner ROBERT MURPHY. (NAD) |
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Filing 9
ORDER - The Court construes Mr. Murphy's motion for extension of time to pay fee, dkt. #8 , as a motion for leave to proceed in forma pauperis. That motion is granted because Mr. Murphy's submission demonstrates that he lacks the money to pay the filing fee at this time. Therefore, no filing fee is due. Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 7/31/19. (NAD)
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| Filing 8 MOTION for Extension of Time to Pay Fee, filed by Petitioner ROBERT MURPHY. (Attachments: #1 Certification of Prisoner Account, #2 Exhibit Order to Show Cause - Dkt #3 )(NAD) Modified on 8/1/2019 edited for administrative purposes(NAD). |
| Filing 7 Submission of Copy of Motion to Amend dkt 5, filed by Petitioner ROBERT MURPHY. (Attachments: #1 Envelope) (CKM) |
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Filing 6
ORDER TO SHOW CAUSE - The petitioner has previously sought federal habeas relief for the conviction at issue in his petition. There is no indication he sought permission from the Court of Appeals to pursue a successive petition. Therefore, the petitioner shall have through August 22, 2019, in which to show cause why his petition should not be dismissed as successive. The deadlines previously set forth in the Show Cause Order of June 28, 2019, dkt. 3, are VACATED. The petitioner's motion to amend his petition, dkt. 5, is denied because he does not attach a proposed amended petition. If he is able to show cause why the petition should not be dismissed as successive, he may refile his motion to amend and attach a proposed amended petition. SEE ORDER. Copy sent to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 7/19/2019.(JRB)
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| Filing 5 MOTION to Amend #1 Petition for Writ of Habeas Corpus, filed by Petitioner ROBERT MURPHY. (NAD) |
| Filing 4 NOTICE of Appearance by Tyler G. Banks on behalf of Respondent RON NEAL. (Banks, Tyler) |
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Filing 3
***VACATED BY #6 *** ORDER TO SHOW CAUSE (State Conviction) - ROBERT MURPHY's petition for a writ of habeas corpus challenges the petitioner's conviction and sentence in Indiana state court case number 18C05-0903-MR-0001. Petitioner shall have through 7/29/19, 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 7/9/19. 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 8/8/19. If Track 1 does not apply, respondent is ORDERED to answer the petition by 8/29/19. The Court does not anticipate extending respondent's deadlines absent respondent specifically setting forth extraordinary circumstances (SEE ORDER FOR ADDITIONAL INFORMATION AND DEADLINES)Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 6/28/2019.(NAD) Modified on 7/19/2019 (JRB).
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| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MAC) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by ROBERT MURPHY. (No fee paid with this filing). (Attachments: #1 Cover Page). (MAC) |
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| Petitioner: ROBERT MURPHY | |
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| Respondent: RON NEAL | |
| Represented By: | Tyler G. Banks |
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