FAIRBANKS v. HYATTE
| JEFFREY FAIRBANKS |
| WILLIAM HYATTE |
| 1:2020cv02578 |
| October 5, 2020 |
| US District Court for the Southern District of Indiana |
| Doris L Pryor |
| James R Sweeney |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 11
Amended PETITION for Writ of Habeas Corpus and Memorandum of Law, filed by Petitioner JEFFREY FAIRBANKS. (Attachments: #1 Supplement)(Lewarchik, David) Modified on 12/2/2020 (MEH).
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Filing 10
Order - On October 6, 2020, the Court issued a Show Cause Order that provided deadlines for the parties to develop this action and notified the petitioner that the brief filed with his petition appeared to be incomplete. The Court granted the petitioner through October 16, 2020, to file a complete brief. Dkt. 6. That deadline passed and the petitioner did not supplement his brief. On November 16, 2020, the petitioner filed a motion for leave to file an amended petition. The motion states that counsel for petitioner only recently discovered that he had failed to file a complete brief with the petition and that his version of the completed brief is now corrupted so he must recreate it. The petitioner's motion for leave to file an amended petition, dkt. #9 , is granted. The petitioner shall have through November 30, 2020, in which to file an amended petition. The Court does not anticipate further extensions of this deadline absent extraordinary circumstances. Although the Court has granted this motion, petitioner's counsel is cautioned that he is expected to review and comply with all Orders issued in this action. The respondent shall have 42 days to respond to the amended petition and the petitioner shall have 28 days to reply. Signed by Judge James R. Sweeney II on 11/19/2020.
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Filing 9
First MOTION for Leave to File Amended Writ of Habeas Corpus and Memorandum of Law, MOTION to Amend/Correct , filed by Petitioner JEFFREY FAIRBANKS. (Lewarchik, David)
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Filing 8
NOTICE of Appearance by Jesse R. Drum on behalf of Respondent WILLIAM HYATTE. (Drum, Jesse)
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Filing 7
ORDER granting David Lewarchik's #3 Motion to Appear pro hac vice on behalf of Petitioner JEFFREY FAIRBANKS. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to David Lewarchik via US Mail. Signed by Magistrate Judge Doris L. Pryor on 10/8/2020. (SWM)
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Filing 6
ORDER TO SHOW CAUSE (State Conviction) - JEFFERY FAIRBANKS's petition for a writ of habeas corpus challenges the petitioner's conviction and sentence in Indiana state court case number 49G03-1508-MR-30525. Respondent is ORDERED to enter an appearance by 10/23/2020. 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 11/17/2020. If Track 1 does not apply, respondent is ORDERED to answer the petition by 12/8/2020. 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 U.S. mail) Signed by Judge James R. Sweeney II on 10/6/2020.(JDC)
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Filing 5
RECEIPT #IP071058 for filing fee of $5.00 for #1 Petition and $100.00 for #3 Motion to Appear Pro Hac Vice; paid by David Lewarchik. (DJH)
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Filing 4
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO)
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Filing 3
MOTION for Attorney(s) David Lewarchik to Appear pro hac vice (No fee paid with this filing), filed by Petitioner JEFFREY FAIRBANKS. (Attachments: #1 Text of Proposed Order, #2 Envelope)(REO)
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Filing 2
Brief re #1 Petition for Writ of Habeas Corpus by JEFFREY FAIRBANKS. (Attachments: #1 Envelope)(REO)
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Filing 1
PETITION for Writ of Habeas Corpus, filed by JEFFREY FAIRBANKS. (No fee paid with this filing) (Attachments: #1 Envelope)(REO)
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| Respondent: WILLIAM HYATTE | |
| Represented By: | Jesse R. Drum |
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| Petitioner: JEFFREY FAIRBANKS | |
| Represented By: | David Lewarchik |
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