MCDUFFY v. WARDEN
| JAMES MCDUFFY |
| WARDEN |
| 2:2019cv00283 |
| June 12, 2019 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James Patrick Hanlon |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
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| Document Text |
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Filing 10
ORDER GRANTING MOTION FOR EXTENSION OF TIME - The petitioner's motion for extension of time, dkt. #9 , is granted. The petitioner shall have through September 6, 2019, to file a response to the respondent's motion to dismiss. Signed by Judge James Patrick Hanlon on 8/7/2019. (DMW)
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| Filing 9 MOTION for Extension of Time to File Response re #8 MOTION to Dismiss , filed by Petitioner JAMES MCDUFFY. (DMW) |
| Filing 8 MOTION to Dismiss , filed by Respondent WARDEN. (Attachments: #1 Exhibit A-Trial and PCR Court CCS, Cause No 49G06-0012-PC-222257, #2 Exhibit B-PCR Appeal Memorandum Decision, #3 Exhibit C-PCR Appeal CCS, Cause No. 49A05-1612-PC-2834)(Roebel, Justin) |
| Filing 7 CONSENT to Jurisdiction to US Magistrate Judge by JAMES MCDUFFY. (DMW) |
| Filing 6 NOTICE of Appearance by Justin F. Roebel on behalf of Respondent WARDEN. (Roebel, Justin) |
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Filing 5
ORDER TO SHOW CAUSE (State Conviction) - James McDuffy's petition for a writ of habeas corpus challenges the petitioner's conviction and sentence in Indiana state court case number 49G06-0012-CF-222257. Petitioner's motion for leave to proceed in forma pauperis, dkt. #3 , is granted. Respondent is ORDERED to enter an appearance by June 24, 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 July 26, 2019. If Track 1 does not apply, respondent is ORDERED to answer the petition by August 16, 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 6/13/2019. (DMW)
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| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MAC) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Petitioner JAMES MCDUFFY. (Attachments: #1 Exhibit Trust Account Information). (MAC) |
| Filing 2 PETITION for Writ of Habeas Corpus, filed by JAMES MCDUFFY. (No fee paid with this filing). (MAC) |
| Filing 1 CONSENT to Prisoner E-Service by JAMES MCDUFFY located at WVCF. Pursuant to General Order 2013-1, documents submitted by JAMES MCDUFFY 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. (MAC) |
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| Respondent: WARDEN | |
| Represented By: | Justin F. Roebel |
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| Petitioner: JAMES MCDUFFY | |
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