HAMLET v. SMITH
| KEVIN D. HAMLET |
| BRIAN SMITH and WARDEN |
| PUTNAMVILLE CF (Court Use Only) |
| 2:2017cv00573 |
| December 19, 2017 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Matthew P. Brookman |
| William T. Lawrence |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
31
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS, ADJUDICATING PENDING MOTIONS, AND DIRECTING ENTRY OF FINAL JUDGMENT - Kevin Hamlet's petition for a writ of habeas corpus challenges his 2016 conviction in Marion County Superior Court for one count of theft. Mr. Hamlet has failed to exhaust his state court remedies. He has not shown the existence of circumstances permitting him to overcome this hurdle, and hence is not entitled to the relief he seeks. His petition for a writ of habeas corpus is therefore denied without prejudice. Mr. Hamlet's motion for change of address, Dkt. No. 27 , is granted. The docket has been updated to reflect his new address. His remaining motions, Dkt. Nos. 20 , 22 , 24 , 28 , and 29 , c oncern the merits of his claim rather than his exhaustion of state court remedies and are therefore denied. Judgment consistent with this Order shall now issue. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Govern ing § 2254 proceedings, and 28 U.S.C. § 2253(c), the Court finds that the petitioner has failed to show that reasonable jurists would find it "debatable whether [this court] was correct in its procedural ruling." The Court therefore denies a certificate of appealability. (See Order.) Copy to Petitioner via U.S. Mail. Signed by Judge William T. Lawrence on 8/13/2018. (DMW)
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