BROWN v. SMITH
| E'LON BROWN |
| I.D.O.C. and BRIAN SMITH |
| 2:2019cv00300 |
| June 25, 2019 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James R Sweeney |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 13 Receipt of one CD re #11 NOTICE of Manual Filing of Exhibits H & I, filed by Respondent BRIAN SMITH, re #10 MOTION for Leave to File Evidence Ex Parte, #9 Return to Order to Show Cause. (Corey, David) (DMW) |
Filing 12
ORDER GRANTING LEAVE TO FILE EXHIBIT EX PARTE - granting #10 Motion for Leave to submit exhibits ex parte. Respondent is GRANTED leave to file ex parte a compact disc containing surveillance footage related to prison discipline case ISF 19-02-0265, submitted manually and referenced as Respondent's Confidential Exhibit H and Confidential Exhibit I. Copy to Petitioner via US Mail. Signed by Judge James R. Sweeney II on 8/12/2019. (DMW)
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| Filing 11 NOTICE of Manual Filing of Exhibits H & I, filed by Respondent BRIAN SMITH, re #10 MOTION for Leave to File Evidence Ex Parte, #9 Return to Order to Show Cause. (Corey, David) |
| Filing 10 MOTION for Leave to File Evidence Ex Parte, filed by Respondent BRIAN SMITH. (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Corey, David) |
| Filing 9 RETURN TO ORDER TO SHOW CAUSE, re #5 Order to Show Cause (Disciplinary), filed by BRIAN SMITH.. (Attachments: #1 Exhibit A - Alexander Report of Conduct, #2 Exhibit A -1 Pryle Report of Conduct, #3 Exhibit A-2 Incident Report, #4 Exhibit A-3 Employee Injury Report, #5 Exhibit A-4 Photographic Evidence, #6 Exhibit B - Screening Report, #7 Exhibit B-1 Lay Advocate Form, #8 Exhibit B-2 Postponement Form, #9 Exhibit C - Report of Disciplinary Hearing and attached statement, #10 Exhibit C-1 Video Review, #11 Exhibit C-2 Smith Statement, #12 Exhibit C-3 Martin Statement, #13 Exhibit D - Facility Level Appeal, #14 Exhibit E - IDOC Denial Letter, #15 Exhibit F - Appendix Offenses, #16 Exhibit G - DCAO)(Corey, David) |
| Filing 8 RECEIPT #IP065886 for Habeas filing fee in the amount of $5.00, paid by Petitioner. (REO) |
| Filing 7 NOTICE of Appearance by David Corey on behalf of Respondent BRIAN SMITH. (Corey, David) |
| Filing 6 CONSENT to Jurisdiction to US Magistrate Judge by E'LON BROWN. (Attachments: #1 Envelope)(DMW) |
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Filing 5
ORDER TO SHOW CAUSE (Discipline Case) - E'Lon Brown's petition for a writ of habeas corpus challenges his prison disciplinary conviction of March 1, 2019, for battery, an A-102 violation. The petitioner's motion for leave to proceed in forma pauperis, dkt. #3 , is denied. The motion reflects that the petitioner has ample funds on hand and sufficient average monthly deposits to pay the five dollar ($5.00) filing fee for this action. The petitioner shall have through July 26, 2019, in which to pay the $5.00 filing fee to the clerk of the district court. The custodian of petitioner is directed to answer the allegations of the petition for a writ of habeas corpus and in doing so shall show cause why the relief sought by the petitioner should not be granted. On the Court's on motion, the named respondent "I.D.O.C." is replaced with "Brian Smith, Warden of the Putnamville Correctional Facility," pursuant to Rule 2(a), Rules Governing Section 2254 Cases in the United States District Courts. The clerk is directed to modify the docket accordingly.(Show Cause Response due by 8/9/2019.) (See Order.) Copy to Petitioner via US Mail. Signed by Judge James R. Sweeney II on 6/28/2019. (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 E'LON BROWN. (Attachments: #1 Text of Proposed Order, #2 Envelope). (MAC) |
| Filing 2 NOTICE of Appearance, filed by Petitioner E'LON BROWN. (Attachments: #1 Envelope). (MAC) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by E'LON BROWN. (No fee paid with this filing). (Attachments: #1 Envelope).(MAC) |
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