MOSLEY v. REAVES et al
| JAMES L. MOSLEY |
| ANGELA REAVES and RYAN KING |
| 1:2021cv02058 |
| July 16, 2021 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Sarah Evans Barker |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on August 16, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 Mail Returned as undeliverable. #3 Magistrate Judge's Notice of Availability to Exercise Jurisdiction sent to JAMES L. MOSLEY. (Return to Sender Not Deliverable as Addressed Unable to Forward ) (CKM) |
| Filing 9 Address updated for Petitioner JAMES L MOSLEY from HERITAGE TRAIL CF to 3040 E County Rd 200 N North Vernon, IN 47265 based on notice of change of address filed by Petitioner in a different pending matter. Dkt. #3 and #4 resent to Petitioner JAMES L. MOSLEY 3040 E County Rd 200 N North Vernon, IN 47265. (TMC) |
| Filing 7 Mail Returned as undeliverable. #4 Order to Show Cause (State Conviction) sent to JAMES L. MOSLEY sent to Heritage Trail CF, 727 Moon Road, Plainfield IN 46168. (Not deliverable as addressed). (MAC) |
| Filing 6 MOTION to Dismiss , filed by Respondent ANGELA REAVES. (Attachments: #1 Exhibit 1 - CCS, #2 Exhibit 2 - CCS, #3 Exhibit 3 - Dkt., #4 Exhibit 4 - Dkt., #5 Exhibit 5 - Brief of Appellant, #6 Exhibit 6 - Brief of Appellee, #7 Exhibit 7 - Opinion, #8 Exhibit 8 - Vacatur, #9 Exhibit 9 - Location History)(Drum, Jesse) |
| Filing 8 Mail Returned as undeliverable. #3 Magistrate Judge's Notice of Availability to Exercise Jurisdiction sent to JAMES L. MOSLEY sent to 727 Moon Rd., Plainfield, IN 46168. (Return to Sender for Postage). New copy mailed to Petitioner 7/30/2021). (MAC) |
| Filing 5 NOTICE of Appearance by Jesse R. Drum on behalf of Respondent ANGELA REAVES. (Drum, Jesse) |
Filing 4
ORDER TO SHOW CAUSE (State Conviction) - James L. Mosley's petition for a writ of habeas corpus challenges his continued incarceration after the Indiana Court of Appeals reversed his probation revocation in Indiana state court case number 69C01-1702-F5-08 on May 21, 2021. The deadlines in this Order have been truncated due to the nature of the petition. Respondent should take reasonable steps to respond to the petition before the deadlines listed below. Petitioner's motion for leave to proceed in forma pauperis, dkt. #2 , is denied without prejudice because it does not include a prison trust account statement for the six-months preceding the filing of this petition. Petitioner shall have through August 19, 2021, in which to either pay the $5.00 filing fee for this action or demonstrate his financial inability to do so by proving the Court with a copy of his prison trust account statement. Pursuant to Rule 2(a) of the Rules Governing Section 2254 Cases in the United States District Courts, the only proper respondent in a habeas corpus action is the "state officer who has custody" of the petitioner. Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004) (proper respondent is warden of facility holding petitioner, not a remote supervisory official). Therefore, the clerk is directed to update the docket to remove Ryan King as a respondent. 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 July 23, 2021. Rule 5(b) provides that respondent's answer "must address the allegations in the petition. In addition, it must state whether any claim in the petition is barred by a failure to exhaust state remedies, a procedural bar, non-retroactivity, or a statute of limitations." Rule 5(b). This action will proceed along one of the two following tracks: Track 1: 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 August 11, 2021. Petitioner shall have 21 days to respond. Respondent will then have 7 days after the docketing of the response in which to reply. If the motion to dismiss is denied, respondent shall have 21 days from the date the motion is denied to brief the merits, and petitioner shall have 28 days to reply. Track 2: If Track 1 does not apply, respondent is ORDERED to answer the petition by August 20, 2021. This is respondent's only opportunity to address the allegations in the petition. Petitioner shall have 28 days to reply to the return to the order to show cause. Other than the two briefing tracks set forth above, no further briefing will be permitted absent Order of the Court. The Court does not anticipate extending respondent's deadlines absent respondent specifically setting forth extraordinary circumstances. Signed by Judge Sarah Evans Barker on 7/20/2021. Copy Mailed (CKM) Modified on 7/20/2021 (CKM).
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LMK) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Petitioner JAMES L. MOSLEY. (Attachments: #1 Envelope)(LMK) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by JAMES L. MOSLEY. (No fee paid with this filing) (Attachments: #1 Envelope)(LMK) |
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