ELSWICK v. REAGLE
| CLIFFORD J. ELSWICK |
| DENNIS E. REAGLE |
| 1:2021cv00051 |
| January 7, 2021 |
| US District Court for the Southern District of Indiana |
| James Patrick Hanlon |
| Doris L Pryor |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on September 20, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 MOTION to Dismiss without Prejudice, filed by Respondent DENNIS E. REAGLE. (Attachments: #1 Exhibit CCS 20C01-8911-CF-117, #2 Exhibit Decision 20A03-9101-CR-26, #3 Exhibit Decision 706 N.E.2d 592 (Ind. Ct. App. 1999), #4 Exhibit Decision 20A05-1311-CR-553, #5 Exhibit Decision 18A-CR-1988, #6 Exhibit CCS 20D03-1110-PC-28)(Kobe, Andrew) |
Filing 10
ORDER Granting Motion for Copies - Petitioner Clifford Elswick requests a copy of his petition for writ of habeas corpus, motion to stay proceedings, and motion for evidentiary hearing. Dkt. 9. He states that he e-filed these documents but did not receive file-stamped copies in return. Mr. Elswick is notified that inmates using the prison e-filing system to file documents with the Court do not receive a copy of the filed document once it has been filed. Instead, inmates only receive the first page as confirmation that the document was filed. In the future, Mr. Elswick must make his own copy of a document before filing it with the Court if he wishes to retain a copy for his own records. Nevertheless, the motion for copies, dkt. #9 , is granted. The clerk is directed to send Mr. Elswick a copy of dockets #2 , #3 , and #4 , and a copy of the docket sheet along with his copy of this Order. The clerk may print Mr. Elswick's filings on both sides of the paper and implement other cost-saving measures deemed necessary. In the future, Mr. Elswick should ensure that he makes his own copy of any documents he wishes to have prior to filing them with the Court. Signed by Judge James Patrick Hanlon on 2/5/2021. (Attachments: #1 Copy of Public Docket Sheet, #2 Copy of dockets 2, 3, and 4) (DWH)
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| Filing 9 MOTION Requesting Copies, filed by Petitioner CLIFFORD J. ELSWICK. (DWH) |
| Filing 8 RECEIPT #IP072170 for Habeas filing fee in the amount of $5.00, paid by Petitioner. (REO) |
| Filing 7 NOTICE of Appearance by Andrew A. Kobe on behalf of Respondent DENNIS E. REAGLE. (Kobe, Andrew) |
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Filing 6
ORDER TO SHOW CAUSE (State Conviction) - CLIFFORD J. ELSWICK's petition for a writ of habeas corpus challenges the petitioner's conviction and sentence in Indiana state court case number 20C01-89-CF-117. Petitioner shall have through February 16, 2021, 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 January 25, 2021. 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 February 24, 2021. If Track 1 does not apply, respondent is ORDERED to answer the petition by March 17, 2021. 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 1/12/2021.(DWH)
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| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 4 MOTION (Request for Evidentiary Hearing) filed by Petitioner, CLIFFORD J. ELSWICK. (DJH) |
| Filing 3 MOTION For Stay And Abeyance filed by Petitioner, CLIFFORD J. ELSWICK. (DJH) |
| Filing 2 PETITION for Writ of Habeas Corpus filed by CLIFFORD J. ELSWICK. (No fee paid with this filing) (DJH) |
| Filing 1 CONSENT to Prisoner E-Service by CLIFFORD J. ELSWICK located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by CLIFFORD J. ELSWICK 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. (DJH) |
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| Petitioner: CLIFFORD J. ELSWICK | |
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| Respondent: DENNIS E. REAGLE | |
| Represented By: | Andrew A. Kobe |
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