HOLYFIELD v. KNIGHT
| RANDY HOLYFIELD |
| STANTLEY KNIGHT and STANLEY KNIGHT |
| 1:2019cv04411 |
| October 30, 2019 |
| US District Court for the Southern District of Indiana |
| Jane Magnus-Stinson |
| Doris L Pryor |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 12
Entry on Petitioner's Answer to Court Order - The Court has reviewed Mr. Holyfield's response and supporting documents, none of which offer evidence of exhaustion of state remedies. As the Court previously explained, Mr. Holyfield must present his claims throughout one complete round of state court review, and his withdrawal of his state post-conviction case in case number 49G02-1909-PC-034910 demonstrates he has not done so. This action remains dismissed without prejudice. (See Entry). Copy to Randy Holyfield via U.S. mail. Signed by Judge Jane Magnus-Stinson on 12/10/2019.(JDH)
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| Filing 11 RESPONSE to #3 Order to Show Cause, filed by Petitioner RANDY HOLYFIELD. (Attachments: #1 Envelope)(JDH) |
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Filing 10
CLOSED JUDGMENT. FINAL JUDGMENT - The Court, having this day issued its Order directing the entry of final judgment, now enters FINAL JUDGMENT. The action is dismissed without prejudice. (Copy to Petitioner via U.S. mail) Signed by Judge Jane Magnus-Stinson on 12/5/2019. (JDC)
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Filing 9
Order Dismissing Petition, Directing Entry of Final Judgment, and Denying Certificate of Appealability - Mr. Holyfield's petition for writ of habeas corpus challenges his conviction and sentence in Indiana state court case number 49G02-1802-F5-005170. "To protect the primary role of state courts in remedying alleged constitutional errors in state criminal proceedings, federal courts will not review a habeas petition unless the prisoner has fairly presented his claims throughout at least one complete round of state-court review, whether on direct appeal of his conviction or in post-conviction proceedings." Johnson v. Foster, 786 F.3d 501, 504 (7th Cir. 2015) (citation and quotation marks omitted); see 28 U.S.C. 2254(b)(1)(A). The Court previously ordered Mr. Holyfield to show cause as to why it should not dismiss his petition for failure to exhaust. Dkt. 3. In Mr. Holyfield's response, he states he withdrew his petition for post-conviction relief in state court without prejudice so that he could proceed with his federal case. Dkt. 8. He includes documentary evidence of the withdrawal, dkt. 8 at 2, and the Court takes judicial notice of case number 49G02-1909-PC-034910, which confirms his case was withdrawn on November 15, 2019. Because Mr. Holyfield withdrew his state post-conviction petition, he has not fairly presented his claims throughout one complete round of state court review, and thus has not exhausted his state court remedies. As it is clear from his petition that Mr. Holyfield has not exhausted his state court remedies, his petition is dismissed without prejudice which means that he may refile his petition after exhausting state court remedies. Judgment consistent with this Order shall now issue. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing 2254 proceedings, and 28 U.S.C. 2253(c), the Court finds that no reasonable jurist would find it "debatable whether [this Court] was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. (Copy to Petitioner via U.S. mail) Signed by Judge Jane Magnus-Stinson on 12/5/2019.(JDC)
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| Filing 8 RESPONSE to #3 Order to Show Cause, filed by Petitioner RANDY HOLYFIELD. (Attachments: #1 Envelope)(JDH) |
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Filing 7
Order Granting Motion for Enlargement of Time and Directing Clerk to Correct Caption - Petitioner Randy Holyfield's motion for an enlargement of time, dkt. #5 , is granted. The petitioner shall have through January 6, 2020, to respond to the Court's show-cause order. Further, the Court noted that Warden Stanley Knight's name is misspelled on the caption. The clerk is directed to update the caption on the docket to reflect that the correct spelling of the Warden's first name is "Stanley" not "Stantley." (See Order). Copy to Randy Holyfield via U.S. mail. Signed by Judge Jane Magnus-Stinson on 11/21/2019. (JDH)
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| Filing 6 CONSENT to Jurisdiction to US Magistrate Judge by RANDY HOLYFIELD. (Attachments: #1 Envelope)(JDH) |
| Filing 5 MOTION for Extension of Time in which to respond to #3 Order to Show Cause, filed by Petitioner RANDY HOLYFIELD. (Attachments: #1 Text of Proposed Order)(JDH) |
| Filing 4 ***DISREGARD***MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) Modified on 11/7/2019 (REO). |
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Filing 3
ORDER TO SHOW CAUSE - Randy Holyfield's petition for a writ of habeas corpus challenges his conviction and sentence in Indiana state court case number 49G02-1802-F5-005170. Petitioner shall have through December 2, 2019, in which to either pay the $5.00 filing fee for this action or demonstrate his financial inability to do so. It appears that the petitioner has not presented any claims through one complete round of state-court review in the Indiana state courts before filing his habeas petition. The petitioner shall have through December 2, 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). Copy to Randy Holyfield via U.S. mail. Signed by Judge Jane Magnus-Stinson on 11/1/2019.(JDH)
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| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by RANDY HOLYFIELD. (No fee paid with this filing) (Attachments: #1 Envelope)(REO) |
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