STOUT v. STATE OF INDIANA
| JOHN STOUT |
| STATE OF INDIANA |
| 1:2022cv01181 |
| June 9, 2022 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Debra McVicker Lynch |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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| Document Text |
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| Filing 10 CLOSED JUDGMENT/FINAL JUDGMENT - The petition for a writ of habeas corpus is dismissed without prejudice. Copies sent pursuant to distribution list. Signed by Judge Sarah Evans Barker on 8/2/2022.(AKH) |
Filing 9
ORDER OF DISMISSAL - John Stout is a pretrial detainee at Marion County Jail. He brings this habeas petition, alleging that officials at Marion County Jail have confiscated his legal papers and failed to provide him with adequate access to legal resources. As a result, he has struggled to prepare for his pro se criminal trial, which is scheduled to take place in September 2022. The Court previously issued an Order directing Mr. Stout to show cause why the petition should not be dismissed. The Court explained that Mr. Stout's petition does not seek release from custody; it merely alleges that he has been subjected to constitutionally inadequate conditions of confinement. The Court explained that even if Mr. Stout had brought acognizable claim, it would still be dismissed because the petition does not indicate that he hasexhausted his state remedies by bringing his claims through a complete round of state court review. The Court is not persuaded by Mr. Stout's arguments in his amended show cause response. The Court even sent Mr. Stout a civil rights complaint formthat he could use if he chooses to bring his access-to-courts claim in a civil action. Because he has not raised a cognizable habeas claim in his petition, this action is DISMISSED without prejudice. Final judgment in accordance with this Order shall now issue. (See Order). Copies sent pursuant to distribution list. Signed by Judge Sarah Evans Barker on 8/1/2022.(AKH)
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| Filing 8 MOTION to Amend and Response to #5 Order to Show Cause, filed by Petitioner JOHN STOUT. (Attachments: #1 Envelope)(AKH) |
| Filing 7 CONSENT to Jurisdiction to US Magistrate Judge by JOHN STOUT. (Attachments: #1 Envelope)(AKH) |
| Filing 6 RESPONSE to Order Directing Petitioner to Show Cause re #5 Order on Motion for Leave to Proceed in forma pauperis, filed by Petitioner JOHN STOUT. (Attachments: #1 Envelope) (CKM) |
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Filing 5
ORDER DIRECTING PETITIONER TO SHOW CAUSE - John Stout is a pretrial detainee at Marion County Jail. He brings this habeas petition under 28 U.S.C. 2241, alleging that officials at Marion County Jail have confiscated his legal papers and failed to provide him with adequate access to legal resources. As a result, he has struggled to prepare for his pro se criminal trial, which is scheduled to take place in July 2022. Mr. Stout's habeas petition must be dismissed because his claims are not cognizable on habeas review. Mr. Stout's petition does not seek release from custody; it merely alleges that he has been subjected to constitutionally inadequate conditions of confinement. Further, relief for state pretrial detainees through a federal petition for a writ of habeas corpus is generally limited to speedy trial and double jeopardy claims, neither of which have been presented in Mr. Stout's habeas petition. Mr. Stout may bring his access-to-courts claim in a civil rights lawsuit under 42 U.S.C. 1983, but such claims may not be brought in a petition for a writ of habeas corpus. Even if Mr. Stout's petition did raise a cognizable 2241 claim, it would still be dismissed because Mr. Stout has not presented his claims through a complete round of state court review and he has not presented any exceptional circumstances that would excuse this failure. Mr. Stout's petition states that he raised the issue of access to legal resources to the state trial court, but it does not state that he has presented this issue to the Indiana Court of Appeals or the Indiana Supreme Court. The clerk is directed to send Mr. Stout a civil rights complaint form with his copy of this Order. Mr. Stout may use this form if he chooses to present an access-to-courts claim in a civil rights lawsuit under 1983. Mr. Stout has through July 12, 2022, to show cause why his habeas petition should not be dismissed for the reasons set forth above. Failure to meet this deadline will result in dismissal of the action without prejudice. Mr. Stout's motion to proceed in forma pauperis, dkt. #3 , is granted. (Copy to Petitioner via U.S. mail) Signed by Judge Sarah Evans Barker on 6/14/2022. (Attachments: #1 Complaint form) (JDC)
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| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Petitioner JOHN STOUT. (Attachments: #1 Envelope)(JSR) |
| Filing 2 MEMORANDUM in Support of Petition, filed by Petitioner JOHN STOUT. (Attachments: #1 Envelope)(JSR) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by JOHN STOUT. (No fee paid with this filing) (Attachments: #1 Exhibit New York Times Article and Medical Documents, #2 Envelope)(JSR) |
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