CLARK v. ZATECKY
| DERRICK DARON CLARK |
| DUSHAN ZATECKY |
| 1:2020cv02208 |
| August 21, 2020 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Tanya Walton Pratt |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on December 8, 2020. A more recent docket listing may be available from PACER.
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Filing 10
ENTRY - GRANTING RESPONDENT'S #9 MOTION FOR EXTENSION. Respondent has filed a motion for extension of time requesting an additional 30 days within which to file a motion to dismiss in response to Petitioner's petition for a writ of habeas corpus. The Respondent also requests that this Court extend the date for a return to order to show cause, should no motion to dismiss be filed. The Court GRANTS the motion, dkt. #9 , and gives Respondent up to and including November 6, 2020, within which to file a motion to dismiss. Additionally, should a motion to dismiss not be filed, the Respondent has up to and including November 30, 2020, within which to file a return to order to show cause. copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 10/5/2020. (NAD)
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| Filing 9 MOTION for Extension of Time to November 6, 2020 in which to #6 Order to Show Cause (State Conviction) , filed by Respondent DUSHAN ZATECKY. (Attachments: #1 Text of Proposed Order)(Banks, Tyler) |
| Filing 8 NOTICE of Appearance by Tyler G. Banks on behalf of Respondent DUSHAN ZATECKY. (Banks, Tyler) |
| Filing 7 Correspondence REQUESTING COPY of Case Docket and Document(s) re #6 Order to Show Cause (State Conviction), filed by DERRICK DARON CLARK. (Attachments: #1 Dkt #6 - Order to Show Cause - State Conviction, #2 Public Docket Sheet) (NAD) |
| Filing 5 RECEIPT #IP070454 for Habeas filing fee in the amount of $5.00, paid by Petitioner. (REO) |
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Filing 6
ORDER TO SHOW CAUSE (State Conviction) - DERRICK DARON CLARK,'s petition for a writ of habeas corpus challenges the petitioner's conviction and sentence in Indiana state court case number 48D01-0104-CF-184. Petitioner shall have through 9/28/2020, 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 9/8/2020. 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 10/7/2020. If Track 1 does not apply, respondent is ORDERED to answer the petition by 10/28/2020. 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 Tanya Walton Pratt on 8/26/2020.(CKM)
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Filing 4
*** PLEASE DISREGARD DOCKETED IN ERROR *** ORDER TO SHOW CAUSE (Disciplinary) The custodian of petitioner is directed to answer the allegations of the petition for a writ of habeas corpus and in doing so shall show cause why the relief sought by the petitioner should not be granted. Show Cause Response due by 10/7/2020. Petitioner shall have through September 28, 2020, in which to either pay the $5.00 filing fee for this action or demonstrate his financial inability to do so. Pursuant to Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts, respondent is ORDERED to enter an appearance by September 8, 2020. This action will proceed along one of the two following tracks: *** SEE ORDER FOR TRACK INFORMATION ***. Signed by Judge Tanya Walton Pratt on 8/26/2020. (CKM) Modified on 8/31/2020 (CKM).
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 2 PETITION for Writ of Habeas Corpus, filed by DERRICK DARON CLARK. (No fee paid with this filing) (Attachments: #1 Exhibit - Letter from Attorney B. Williams; Appeal Case Docket Sheet). (AKH) |
| Filing 1 CONSENT to Prisoner E-Service by DERRICK DARON CLARK located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by DERRICK DARON CLARK 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. (AKH) |
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| Petitioner: DERRICK DARON CLARK | |
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| Respondent: DUSHAN ZATECKY | |
| Represented By: | Tyler G. Banks |
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