TOLLIVER v. SUPERINTENDENT
| THEOTIS TOLLIVER |
| SUPERINTENDENT |
| 2:2018cv00512 |
| November 26, 2018 |
| US District Court for the Southern District of Indiana |
| Doris L Pryor |
| James R Sweeney |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on November 30, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 FINAL JUDGMENT PURSUANT TO FED. R. CIV. PRO. 58 - The Court having this day made its Entry directing the entry of final judgment, the Court now enters FINAL JUDGMENT. The action is dismissed for lack of jurisdiction. Copy sent to Petitioner via US Mail. Signed by Judge James R. Sweeney II on 11/30/2018.(JRB) |
| Filing 4 Entry Dismissing Petition and Directing Entry of Final Judgment - The petitioner has previously sought federal habeas relief for the convictions at issue in his petition. There is no indication he sought permission from the Court of Appeals to pursue a successive petition. Accordingly, this Court lacks jurisdiction over his petition and it must therefore be dismissed. Judgment consistent with this Entry shall now issue. SEE ENTRY. Copy sent to Petitioner via US Mail. Signed by Judge James R. Sweeney II on 11/30/2018.(JRB) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (RSF) |
| Filing 2 PETITION for Writ of Habeas Corpus, filed by THEOTIS TOLLIVER. (No fee paid with this filing) (Docketed pursuant to Entry at #1 .) (Attachments: #1 Exhibit)(RSF) |
Filing 1
Entry Discussing Rule 60(b) Motion and Directing Opening of New Civil Action - The Court denied the petitioner's habeas petition brought pursuant to 28 U.S.C. 2254 and entered final judgment in this action on January 7, 2016. The petitioner appealed, and the Seventh Circuit denied him a certificate of appealability on November 4, 2016. Approximately two years later, the petitioner filed the instant motion seeking relief from judgment pursuant to Rule 60(b). Accordingly, the petitioner's motion must be treated as a new action brought pursuant to 28 U.S.C. 2254 and, dkt. 37, is terminated in this action. The clerk is directed to open a new civil action in the Terre Haute Division. A copy of this Order shall also be docketed in the newly opened action. (See Entry.) Signed by Judge Jane Magnus-Stinson on 11/26/2018.(RSF)
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| Respondent: SUPERINTENDENT | |
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| Petitioner: THEOTIS TOLLIVER | |
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