BOYD v. INDIANA DEPT. OF CORRECTION et al
| ALBERT BOYD |
| W/V/C/F, STATE OF INDIANA and INDIANA DEPT. OF CORRECTION |
| 2:2019cv00156 |
| April 2, 2019 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James Patrick Hanlon |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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This docket was last retrieved on June 28, 2019. A more recent docket listing may be available from PACER.
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Filing 20
ORDER - On June 27, 2019, petitioner filed several form documents which appear to be unrelated to his pending federal habeas petition. Therefore, petitioner's motion to dismiss for failure to state a claim, dkt. #15 , and motion for severance waiver of right, dkt. #18 , are denied. To the extent any of the documents filed by petitioner seek discovery in relation to his habeas petition, the Court has not authorized discovery in this action. (See Order.) Signed by Judge James Patrick Hanlon on 6/28/2019. (RSF)
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| Filing 19 Submission of Proposed Summons, filed by Petitioner ALBERT BOYD. (Attachments: #1 Waiver of Summons, #2 Text of Proposed Order)(DMW) |
| Filing 18 MOTION for Severance Waiver of Right, filed by Petitioner ALBERT BOYD. (DMW) |
| Filing 17 AFFIDAVIT in Support of Motion re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Petitioner ALBERT BOYD. (DMW) |
| Filing 16 BRIEF/MEMORANDUM in Support re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Petitioner ALBERT BOYD. (DMW) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Petitioner ALBERT BOYD. (DMW) |
| Filing 14 BRIEF/MEMORANDUM in Support re #13 Notice of Compliance, filed by Petitioner ALBERT BOYD. (Attachments: #1 Exhibits)(DMW) |
| Filing 13 NOTICE of Compliance, filed by Petitioner ALBERT BOYD (DMW) |
| Filing 12 REQUEST for Production of Documents, filed by Petitioner ALBERT BOYD.(DMW) |
| Filing 10 RECEIPT #IP065355 for filing fee in the amount of $5.00, paid by Petitioner. (DJH) |
| Filing 11 RESPONSE to #6 Order to Show Cause (State Conviction) re Late Payment of Filing Fee, filed by Petitioner ALBERT BOYD. (Attachments: #1 Envelope)(DMW) |
| Filing 9 MOTION to Dismiss , filed by Respondents INDIANA DEPT. OF CORRECTION, STATE OF INDIANA, W/V/C/F. (Attachments: #1 Exhibit A-Direct Appeal Decision, Cause No. 03A05-0609-CR-506, #2 Exhibit B-PCR Appeal Decision, Cause No. 03A01-1602-PC-375, #3 Exhibit C-Direct Appeal CCS, Cause No. 03A05-0609-CR-506, #4 Exhibit D-PCR CCS, Cause No. 03C01-0809-PC-2155, #5 Exhibit E-PCR CCS, Cause No. 03A01-1602-PC-375)(Roebel, Justin) |
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Filing 8
Entry - The petitioner filed a form motion to strike with his petition for writ of habeas corpus on April 2, 2019. Dkt. #4 . The motion was filed before the respondent filed any return to the order to show cause. There is no affirmative defense to strike. Therefore, the petitioner's motion to strike, dkt. #4 , is denied. Signed by Judge James Patrick Hanlon on 5/9/2019. (DMW)
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| Filing 7 NOTICE of Appearance by Justin F. Roebel on behalf of Respondents INDIANA DEPT. OF CORRECTION, STATE OF INDIANA, W/V/C/F. (Roebel, Justin) |
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Filing 6
ORDER TO SHOW CAUSE (State Conviction) - Albert Boyd's petition for a writ of habeas corpus challenges the petitioner's conviction and sentence in Indiana state court case number 03C01-0602-MR-0249. Petitioner shall have through May 10, 2019, in which to either pay the $5.00 filing fee for this action or demonstrate his financial inability to do so. Respondent is ORDERED to enter an appearance by April 22, 2019. 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 May 22, 2019. If Track 1 does not apply, respondent is ORDERED to answer the petition by June 12, 2019. The Court does not anticipate extending respondent's deadlines absent respondent specifically setting forth extraordinary circumstances (SEE ORDER FOR ADDITIONAL INFORMATION AND DEADLINES). Signed by Judge James Patrick Hanlon on 4/11/2019. (DMW)
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| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 4 MOTION to Strike, filed by Petitioner ALBERT BOYD. (REO) |
| Filing 3 MOTION for Collateral Relief, filed by Petitioner ALBERT BOYD. (REO) |
| Filing 2 PETITION for Writ of Habeas Corpus, filed by ALBERT BOYD. (No fee paid with this filing) (Attachments: #1 Exhibit - Credit Calculation Detail)(REO) |
| Filing 1 CONSENT to Prisoner E-Service by ALBERT BOYD located at WVCF. Pursuant to General Order 2013-1, documents submitted by ALBERT BOYD to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (REO) |
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