JEFFERS v. KNIGHT et al
| DERON JEFFERS |
| KATHY ALVEY, STANLEY KNIGHT and BRIAN SMITH |
| 2:2015cv00153 |
| May 27, 2015 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Mark J. Dinsmore |
| Jane Magnus-Stinson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
4
Entry Discussing Petition for Habeas Corpus, Severing Case into Two Actions,and Directing Respondent to Show Cause - The clerk shall update the docket to reflect the spelling of the petitioner's first name as "Deron." Brian Smith, th e Superintendent of Putnamville Correctional Facility is the proper sole respondent in this action. The clerk shall update the docket accordingly, and terminate any other respondents. The petitioner's motion to proceed in forma pauperis [dkt. 2] is denied as moot because he paid the filing fee. The petitioner seeks habeas corpus relief with respect to two prison disciplinary proceedings. Each disciplinary proceeding challenged has the status of a separate "court" proceeding. The clerk shall open a new civil action using the same petition, with the nature of suit code 530 and cause of action 28:2254, to address the petitioner's challenge to the disciplinary proceeding for case number BTC 14-09-0262, for which petit ioner was charged with disorderly conduct on September 14, 2014. The first two grounds asserted by the petitioner shall be treated as a challenge to the sufficiency of the evidence to support the conviction. The petitioner's custodian shall h ave through July 6, 2015, in which to answer the allegations of the petitioner's petition for a writ of habeas corpus, but only with respect to the challenge to BTC 14-09-0250, and in doing so shall show cause why the relief sought by the pet itioner should not be granted. The petitioner shall have twenty-eight (28) days after service of such answer or return to order to show cause on him in which to reply. **SEE ENTRY** Copies sent pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 6/2/2015.(AH)
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