ALLIY v. WARDEN
Petitioner: FRANK H. ALLIY
Respondent: WARDEN
Case Number: 1:2024cv01325
Filed: August 2, 2024
Court: US District Court for the Southern District of Indiana
Presiding Judge: Tim A Baker
Referring Judge: Tanya Walton Pratt
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 30, 2024 Filing 9 MOTION to Dismiss , filed by Respondent WARDEN. (Attachments: #1 Exhibit 1 - CCS, #2 Exhibit 2 - PCR CCS, #3 Exhibit 3 - PCR Pet., #4 Exhibit 4 - Mot. to Withdraw PCR Pet., #5 Exhibit 5 - Order)(Drum, Jesse)
September 17, 2024 Filing 8 RECEIPT #EV966 for Filing Fee fee in the amount of $5.00, paid by Frank Alliy. (JRB)
August 28, 2024 Filing 7 NOTICE of Appearance by Jesse R. Drum on behalf of Respondent WARDEN. (Drum, Jesse)
August 20, 2024 Opinion or Order Filing 6 ORDER TO SHOW CAUSE (Probation Revocation) - FRANK H. ALLIY's petition for a writ of habeas corpus challenges the petitioner's probation revocation. Petitioner's motion for leave to proceed in forma pauperis, dkt. #2 , is DENIED because the motion reflects that petitioner is able to pay the $5.00 filing fee. Petitioner shall have through 9/20/2024 to pay the $5.00 filing fee. Respondent is ORDERED to enter an appearance by 8/30/2024. 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 10/1/2024. If Track 1 does not apply, respondent is ORDERED to answer the petition by 10/22/2024. The Court does not anticipate extending respondent's deadlines absent respondent specifically setting forth extraordinary circumstances (SEE ORDER FOR ADDITIONAL INFORMATION AND DEADLINES) Copy sent to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 8/20/2024.(JRB)
August 16, 2024 Filing 5 CONSENT to Jurisdiction to US Magistrate Judge by FRANK H. ALLIY. (Attachments: #1 Envelope)(AJG)
August 6, 2024 Filing 4 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (CCG)
August 6, 2024 Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (CCG)
August 2, 2024 Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Petitioner FRANK H. ALLIY. (Attachments: #1 Envelope)(CCG)
August 2, 2024 Filing 1 PETITION for Writ of Habeas Corpus, filed by FRANK H. ALLIY. (No fee paid with this filing) (Attachments: #1 Exhibit, #2 Envelope)(CCG)

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Petitioner: FRANK H. ALLIY
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Respondent: WARDEN
Represented By: Jesse R. Drum
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