DAVIS v. INDIANA SOUTHERN DISTRICT ATTORNEY
| STEPHEN DAVIS |
| INDIANA SOUTHERN DISTRICT ATTORNEY, WARDEN OF PENDLETON CORRECTIONAL FACILITY and DENNIS REAGLE |
| 1:2022cv01157 |
| June 6, 2022 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| James R Sweeney |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 28, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 15
Order Denying Petitioner's Motion to Alter Closed Judgment - The Court entered Final Judgment in this action on July 8, 2022, after dismissing Stephen Davis' petition for habeas corpus under 28 U.S.C. 2254 for failure to exhaust state court remedies. Dkts. 12, 13. On July 22, 2022, Mr. Davis filed an objection, which the Court construes as a motion to alter or amend judgment under Rule 59(e). For the following reasons, Mr. Davis' motion, dkt. #14 , is denied. (copy to Petitioner via U.S. mail).Signed by Judge James R. Sweeney II on 7/28/2022.(JDC)
|
| Filing 14 OBJECTION filed by STEPHEN DAVIS. (Attachments: #1 Exhibit, #2 Envelope)(JDC) |
| Filing 13 CLOSED JUDGMENT/FINAL JUDGMENT - The Court now enters final judgment. The petitioner's petition for a writ of habeas corpus is dismissed without prejudice for failure to exhaust state court remedies. (Copy to Petitioner via U.S. mail) Signed by Judge James R. Sweeney II on 7/8/2022. (JDC) |
|
Filing 12
ORDER denying #10 Motion for Leave to Proceed in forma pauperis. It is clear that Mr. Davis has not exhausted state court remedies. Accordingly, this action is dismissed without prejudice for failure to exhaust. Further, Mr. Davis' motion for leave to proceed in forma pauperis, dkt. #10 , is denied as unnecessary because the Court previously granted Mr. Davis pauper status, dkt. #7 . Final Judgment consistent with this Order shall now issue. (Copy to Petitioner via U.S. mail) Signed by Judge James R. Sweeney II on 7/8/2022. (JDC)
|
| Filing 11 CONSENT to Jurisdiction to US Magistrate Judge by STEPHEN DAVIS. (Attachments: #1 Envelope)(AKH) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis, filed by Petitioner STEPHEN DAVIS. (Attachments: #1 Envelope)(AKH) |
| Filing 9 RESPONSE re #7 Order to Show Cause, filed by Petitioner STEPHEN DAVIS. (Attachments: #1 Exhibits, #2 Envelope)(AKH) |
| Filing 8 Submission of Documents. (Attachments: #1 Envelope)(JDC) |
|
Filing 7
ORDER TO SHOW CAUSE - Stephen Davis filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 challenging the calculation of his jail time credit in state court case number 48C01-1911-F5-2878. Mr. Davis has also filed a motion to proceed in forma pauperis, dkt. #2 , a motion for documents and tangible objects, dkt. #3 , and a petition for jail time credit, dkt. #4 . In summary, Mr. Davis shall have through July 8, 2022, to show cause why this habeas petition should not be dismissed for failure to exhaust his state court remedies or, in the alternative, for failure to state a cognizable claim. Mr. Davis' motion to proceed in forma pauperis, dkt. #2 , is granted, and his motion for documents and tangible objects, dkt. #3 , and motion for jail time credit, dkt. #4 , are denied. The only proper respondent in a habeas action is the petitioner's custodian. Therefore, the clerk is directed to update the docket to substitute the Warden of Pendleton Correctional Facility, Dennis Reagle, for the currently named respondent. (Copy to Petitioner via U.S. mail) Signed by Judge James R. Sweeney II on 6/13/2022. (JDC)
|
| Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR) |
| Filing 5 NOTICE of Pro Se Appearance by Petitioner STEPHEN DAVIS. (Attachments: #1 Envelope) (JSR) |
| Filing 4 MOTION For Jail Time Credit, filed by Petitioner STEPHEN DAVIS. (Attachments: #1 Envelope)(JSR) |
| Filing 3 MOTION For Documents and Tangible Objects, filed by Petitioner STEPHEN DAVIS. (Attachments: #1 Envelope)(JSR) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Petitioner STEPHEN DAVIS. (Attachments: #1 Exhibit Trust Account Statement, #2 Envelope)(JSR) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by STEPHEN DAVIS. (No fee paid with this filing) (Attachments: #1 Cover Letter, #2 Cover Sheet, #3 Exhibit State Court Documents, #4 Envelope)(JSR) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Indiana Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
