SNODGRASS v. MYERS
| JAMES P. SNODGRASS |
| MATTHEW A. MYERS |
| 1:2021cv00255 |
| January 28, 2021 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| James R Sweeney |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 7 CLOSED JUDGMENT. FINAL JUDGMENT - Final judgment is entered in favor of the respondent and against the petitioner. The petition is dismissed without prejudice. (Copy to Petitioner via U.S. mail) Signed by Judge James R. Sweeney II on 3/1/2021.(JDC) |
Filing 6
ORDER DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS - On January 28, 2021, James Snodgrass filed a petition for a writ of habeas corpus challenging his confinement in Bartholomew County Jail for three invasion of privacy convictions under Indiana Case No. 03C01-2004-CM-1812. Mr. Snodgrass argues that he should be released from confinement because he is receiving inadequate medical treatment for a swollen testicle and because he has contracted COVID-19. He filed a motion for release in Bartholomew County Circuit Court, which was denied for lack of jurisdiction. He states that his public defender has refused to appeal this denial to the Indiana Court of Appeals and that he is unable to file an appeal himself. Dkt. 5, pp. 2, 5-6. Mr. Snodgrass argues that the conditions of his confinement violate the Eighth Amendment. However, he has not raised a claim that the confinement itself violates federal law. Accordingly, the petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE. Nothing in this order affects Mr. Snodgrass' pending civil rights action alleging the denial of adequate medical treatment against officials at Bartholomew County Jail. See Snodgrass v. Washington, Case No. 1:20-cv-2239-MPB-JMS. Final Judgment in accordance with this order shall now issue. ***SEE ORDER FOR ADDITIONAL INFORMATION*** (Copy to Petitioner via U.S. mail) Signed by Judge James R. Sweeney II on 3/1/2021.(JDC)
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| Filing 5 RESPONSE, re #3 Order, filed by Petitioner JAMES P. SNODGRASS. (Attachments: #1 Envelope)(JDC) |
| Filing 4 CONSENT to Jurisdiction to US Magistrate Judge by JAMES P. SNODGRASS. (Attachments: #1 Envelope)(JDC) |
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Filing 3
ORDER DIRECTING PETITIONER TO SHOW CAUSE - On January 28, 2021, James Snodgrass filed a petition for a writ of habeas corpus challenging his confinement in Bartholomew County Jail for three invasion of privacy convictions under Indiana Case No. 03C01-2004-CM-1812. Mr. Snodgrass argues that he should be released from confinement because he is receiving inadequate medical treatment for a swollen testicle and because he has contracted COVID-19. He filed a motion for release in Bartholomew County Circuit Court, which was denied for lack of jurisdiction. It does not appear that he has appealed this denial to the Indiana Court of Appeals or the Indiana Supreme Court. Mr. Snodgrass shall have through February 26, 2021, to show cause why this habeas petition should not be dismissed without prejudice. The failure to meet this deadline will result in the dismissal of this action without further notice. ***SEE ORDER FOR ADDITIONAL INFORMATION*** (Copy to Petitioner via U.S. mail) Signed by Judge James R. Sweeney II on 2/3/2021.(JDC)
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| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by JAMES P. SNODGRASS. (No fee paid with this filing) (Attachments: #1 Cover Letter, #2 Envelope).(AKH) Modified on 1/29/2021 (AKH). |
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| Petitioner: JAMES P. SNODGRASS | |
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| Respondent: MATTHEW A. MYERS | |
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