LUKES v. STATE OF INDIANA
| ISAAC LUKES |
| STATE OF INDIANA |
| 1:2023cv01550 |
| August 25, 2023 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Matthew P Brookman |
| 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 October 4, 2023. A more recent docket listing may be available from PACER.
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| Filing 19 FINAL JUDGMENT - The Court now enters final judgment. The petitioner's petition for a writ of habeas corpus is dismissed without prejudice. Signed by District Judge Matthew P. Brookman on 10/4/2023. (JSR) |
Filing 18
Order Dismissing Petition for Writ of Habeas Corpus Without Prejudice and Denying Other Pending Motions as Moot - Mr. Lukes has available state court remedies that he is now pursuing, and this case must be dismissed without prejudice for failure to exhaust state court remedies. That means that Mr. Lukes may refile his habeas petition in this Court once he has presented his claims through one complete round of state court proceedings. Mr. Lukes' motion for post-conviction court to take judicial notice of own records, dkt. #3 , motions to issue transport order, dkts. #4 and #7 , motion to correct errors, dkt. #8 , motion to appoint counsel, dkt. #13 , motion to consolidate, dkt #16 , and amended motion for discovery, dkt. #17 , are denied as moot. Final judgment consistent with this Order shall issue. (See Order.) Signed by District Judge Matthew P. Brookman on 10/4/2023. (JSR)
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| Filing 17 AMENDED MOTION for Discovery, filed by Petitioner ISAAC LUKES. (DWH) |
| Filing 16 MOTION to Consolidate, filed by Petitioner ISAAC LUKES. (DWH) |
| Filing 15 Submission of Trust Fund Offender Activity, filed by Petitioner ISAAC LUKES. (DWH) Modified on 10/3/2023 to correct filed date (DWH). |
| Filing 14 RESPONSE, re #9 ORDER TO SHOW CAUSE, filed by Petitioner ISAAC LUKES. (DWH) |
| Filing 13 MOTION to Appoint Counsel, filed by Petitioner ISAAC LUKES. (Attachments: #1 Exhibits - Attempts to Obtain Counsel)(DWH) |
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Filing 12
ORDER granting #11 Motion for Extension of Time to File a Response to show Cause Order to 10/13/23. Signed by District Judge Matthew P. Brookman on 9/13/23. (JRB)
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| Filing 11 MOTION for Extension of Time in which to #9 Order to Show Cause, filed by Petitioner ISAAC LUKES. (AAS) |
| Filing 10 CONSENT to Prisoner E-Service by PENDLETON CF (Court Use Only) located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by PENDLETON CF (Court Use Only) to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (SWM) |
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Filing 9
ORDER TO SHOW CAUSE: Isaac Lukes filed a "Verified Petition for Post-Conviction Relief" challenging his conviction in state court cause number 10C04-1610-F3-63, and it was opened as a habeas action pursuant to 28 U.S.C. 2254. Because it is unclear that Mr. Lukes intended to file the petition in this court, the Court makes the following rulings. Mr. Luke's motion to proceed in forma pauperis, dkt. #2 , is granted. Accordingly, Mr. Lukes shall have through September 27, 2023, to show cause why this habeas petition should not be dismissed without prejudice for failure to exhaust his state court remedies or to move to dismiss his petition as being filed in this court in error. See Order for details. Signed by District Judge Matthew P. Brookman on 8/30/2023. Copy mailed to Petitioner. (LF)
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| Filing 6 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DJH) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 8 MOTION to correct Errors, filed by Petitioner ISAAC LUKES. (Attachments: #1 Text of Proposed Order, #2 Cover Letter, #3 Exhibit)(LF) |
| Filing 7 MOTION to issue transport order, filed by Petitioner ISAAC LUKES. (Attachments: #1 Text of Proposed Order)(SWM) |
| Filing 4 MOTION TO ISSUE TRANSPORT ORDER, filed by Petitioner ISAAC LUKES. (Attachments: #1 Text of Proposed Order)(DJH) |
| Filing 3 MOTION For Post-Conviction Court To Take Judicial Notice Of Own Records, filed by Petitioner ISAAC LUKES. (Attachments: #1 Proposed Order Granting Judicial Notice, #2 Text of Proposed Order)(DJH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Petitioner ISAAC LUKES. (DJH) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by ISAAC LUKES. (No fee paid with this filing) (Attachments: #1 Exhibits including CCS Entry Form and Authorization for Release of Confidential Information, #2 Text of Proposed Order)(DJH) |
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| Petitioner: ISAAC LUKES | |
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| Respondent: STATE OF INDIANA | |
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