HORNS v. STATE OF INDIANA
| VINCENT HORNS |
| STATE OF INDIANA |
| 1:2022cv02406 |
| December 14, 2022 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| James Patrick Hanlon |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 CLOSED FINAL JUDGMENT - The Court now enters FINAL JUDGMENT. The petitioner's petition for writ of habeas corpus is dismissed without prejudice. Signed by Judge James Patrick Hanlon on 1/11/2022. Copy to Petitioner via US Mail. (DWH) |
Filing 8
ORDER DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS, AND DENYING CERTIFICATE OF APPEALABILITY - Mr. Horns' motion for leave to proceed in forma pauperis, dkt. #2 , is denied. He shall have through February 10, 2023, in which to pay the $5.00 filing fee or submit a copy of the transaction history associated with his institution trust account for the 6-month period preceding the filing of this action on December 14, 2022. Mr. Horns' petition is dismissed without prejudice. Final judgment consistent with this Order shall now issue (See Order for Details). Signed by Judge James Patrick Hanlon on 1/11/2023. Copy to Petitioner via US Mail. (DWH)
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| Filing 7 RESPONSE, re #6 Order to Show Cause, filed by Petitioner VINCENT HORNS. (Attachments: #1 Envelope)(DWH) |
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Filing 6
ORDER TO SHOW CAUSE - Mr. Horns' petition states that he was sentenced in state court on October 24, 2022. Dkt. #1 at 2. The Court takes judicial notice of the online docket in Mr. Horns' state appeal which reflects that he initiated his direct appeal on November 30, 2022. Horns v. State, 22A-CR-02813, available at mycase.in.gov. It appears that he has not presented any claims through one complete round of state-court review in the Indiana state courts before filing his habeas petition. For these reasons Mr. Horns shall have through January 17, 2023, to show cause why this habeas petition should not be dismissed without prejudice for failure to exhaust his state court remedies. This means he can refile his petition after he exhausts them in state court. (See Order). Copies sent pursuant to distribution list. Signed by Judge James Patrick Hanlon on 12/19/2022. (AKH)
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| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) |
| Filing 4 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DRB) |
| Filing 3 NOTICE of Appearance by Petitioner VINCENT HORNS. (Attachments: #1 Envelope) (DRB) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Petitioner VINCENT HORNS. (Attachments: #1 Envelope)(DRB) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by VINCENT HORNS. (No fee paid with this filing) (Attachments: #1 Exhibit, #2 Envelope)(DRB) |
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| Petitioner: VINCENT HORNS | |
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| Respondent: STATE OF INDIANA | |
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