SMITH v. BASINGER

SMITH v. BASINGER

Petitioner:	ERIC D. SMITH
Respondent:	SUPERINTENDENT BASINGER
Case Number:	2:2010cv00250
Filed:	September 17, 2010
Court:	US District Court for the Southern District of Indiana
Office:	Terre Haute Office
Presiding Judge:	Tim A. Baker
Presiding Judge:	Jane Magnus-Stinson
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
April 28, 2011	Filing 25 Entry and Order Directing Dismissal of Action; Eric Smith is serving the executed sentence imposed by an Indiana state court following his conviction for arson. Because of his abusive litigation in federal courts, Smith has been sanctioned through t he issuance of a species of restricted filer orders. The order in Smith's case was issued by the Seventh Circuit Court of Appeals in No. 09-2444 on June 10, 2009. The text of the restrictive filer Order is the following: Smith is fined $500 . Until he pays that sum in full to the clerk of this court, he is barred from filing further civil suits in the courts of this circuit; Smith violated the Court of Appeals' Order in No. 09-2444 by submitting this action. Thereafter, the action was improvidently accepted for filing. The respondent's motion to dismiss 23 is granted. Any other motion is denied as moot. Judgment dismissing the action without prejudice shall now issue. Signed by Judge Jane Magnus-Stinson on 4/28/2011.(served by us mail)(VS)

Date Filed

Document Text

April 28, 2011

Filing 25 Entry and Order Directing Dismissal of Action; Eric Smith is serving the executed sentence imposed by an Indiana state court following his conviction for arson. Because of his abusive litigation in federal courts, Smith has been sanctioned through t he issuance of a species of restricted filer orders. The order in Smith's case was issued by the Seventh Circuit Court of Appeals in No. 09-2444 on June 10, 2009. The text of the restrictive filer Order is the following: Smith is fined $500 . Until he pays that sum in full to the clerk of this court, he is barred from filing further civil suits in the courts of this circuit; Smith violated the Court of Appeals' Order in No. 09-2444 by submitting this action. Thereafter, the action was improvidently accepted for filing. The respondent's motion to dismiss 23 is granted. Any other motion is denied as moot. Judgment dismissing the action without prejudice shall now issue. Signed by Judge Jane Magnus-Stinson on 4/28/2011.(served by us mail)(VS)

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Respondent: SUPERINTENDENT BASINGER
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Petitioner: ERIC D. SMITH
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