PLATO v. WARDEN
| ROBERT J. PLATO, JR. |
| WARDEN |
| 1:2019cv03910 |
| September 13, 2019 |
| US District Court for the Southern District of Indiana |
| James Patrick Hanlon |
| Debra McVicker Lynch |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 10 NOTICE of Appearance by Mollie Ann Slinker on behalf of Respondent WARDEN. (Slinker, Mollie) |
| Filing 9 NOTICE of Appearance by Lyubov Gore on behalf of Respondent WARDEN. (Gore, Lyubov) |
Filing 8
ORDER TO SHOW CAUSE (State Conviction) - ROBERT J. PLATO, JR.'s petition for a writ of habeas corpus challenges the petitioner's conviction and sentence in Indiana state court case number 68C01-1308-FB-000580. Petitioner's motion for leave to proceed in forma pauperis, dkt. #7 , is granted. Respondent is ORDERED to enter an appearance by 10/31/2019. 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 12/2/2019. If Track 1 does not apply, respondent is ORDERED to answer the petition by 12/23/2019. 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 Patrick Hanlon on 10/24/2019. Copies distributed pursuant to distribution list. (DWH)
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| Filing 7 MOTION for Leave to Proceed in forma pauperis, filed by Petitioner ROBERT J. PLATO, JR. (Attachments: #1 Envelope)(NAD) |
| Filing 6 RESPONSE, re #4 Court Order to Show Cause not to dismiss, filed by Petitioner ROBERT J. PLATO, JR. (Attachments: #1 Envelope)(NAD) |
| Filing 5 CONSENT to Jurisdiction to US Magistrate Judge by ROBERT J. PLATO, JR. (Attachments: #1 Envelope)(DWH) |
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Filing 4
ORDER - The plaintiff's motion for leave to proceed in forma pauperis, dkt. #2 , is denied without prejudice because the prison trust account certification provided by the petitioner was prepared more than three months before the filing of the petition. The petitioner shall have through October 21, 2019, in which to pay the Five Dollar filing fee to the clerk of the court or renew his motion for leave to proceed in forma pauperis and attach a copy of the transactions associated with his institution trust account for the 6-month period preceding the filing of this action on September 13, 2019. The petitioner shall have through October 21, 2019, to show cause why this habeas petition should not be dismissed without prejudice for the petitioner's failure to exhaust his state court remedies (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 9/17/2019. Copy to Petitioner via US Mail. (DWH)
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MAC) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Petitioner ROBERT J. PLATO, JR. (Attachments: #1 Exhibit Account Summary, #2 Envelope). (MAC) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by ROBERT J. PLATO, JR. (No fee paid with this filing). (Attachments: #1 Exhibits, #2 Envelope). (MAC) |
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| Petitioner: ROBERT J. PLATO, JR. | |
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| Respondent: WARDEN | |
| Represented By: | Lyubov Gore |
| Represented By: | Mollie Ann Slinker |
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