PURKEY v. WARDEN et al
| WESLEY IRA PURKEY |
| MICHAEL CARVAJAL, WARDEN and WILLIAM BARR |
| 2:2020cv00365 |
| July 16, 2020 |
| US District Court for the Southern District of Indiana |
| Doris L Pryor |
| James R Sweeney |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 20 MANDATE of USCA as to #15 Notice of Appeal filed by WESLEY IRA PURKEY (USCA #20-365) - IT IS ORDERED that all pending motions are DENIED and this appeal is DISMISSED as moot. (LBT) |
Filing 19
ORDER of USCA as to #15 Notice of Appeal filed by WESLEY IRA PURKEY (USCA #20-2280) - Petitioner-Appellant filed this appeal of a district court order denying a stay of execution of his sentence and filed motions seeking a stay of execution pending appeal. Appellant's sentence has been carried out rendering the motions and the appeal moot. Accordingly, IT IS ORDERED that all pending motions are DENIED and this appeal is DISMISSED as moot. (LBT)
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| Filing 18 USCA Case Number 20-2280 for #15 Notice of Appeal filed by WESLEY IRA PURKEY. (RSF) |
| Filing 17 ***DEATHY PENALTY CASE*** Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #15 Notice of Appeal. - for Court of Appeals Use Only. (RSF) |
| Filing 16 PARTIES' SHORT RECORD re #15 Notice of Appeal (RSF) |
| Filing 15 NOTICE OF APPEAL as to #14 Order on Motion to Stay, filed by Petitioner WESLEY IRA PURKEY. (No fee paid with this filing) (RSF) |
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Filing 14
ORDER - denying #2 Motion to Stay. It is lamentable that counsel's procedural gamesmanship may have prevented a substantive review of Mr. Purkey's Ford claim as it should have been presented. But a stay of execution is an extraordinary remedy, and the Court must consider the equities before granting relief. Despite the risk of irreparable harm to Mr. Purkey, the balance of equities do not weigh in his favor. (See Order.) Signed by Judge James R. Sweeney II on 7/16/2020. (RSF) (Main Document 14 replaced on 7/17/2020) (RSF).
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Filing 13
Order Directing Stay of Execution - The Court has considered the relevant factors and finds that a short stay of execution is warranted while the Court considers Mr. Purkey's petition and motion for preliminary injunction. Accordingly, the respondent is preliminary enjoined from executing Mr. Purkey absent further order of the Court. The Court does not anticipate this stay being in place for more than 1 hour without a further order. Signed by Judge James R. Sweeney II on 7/16/2020.(RSF) (Main Document 13 replaced on 7/17/2020) (RSF).
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| Filing 12 Submission of Declaration in Support of Resp. in Opposition to Motion to Stay. (Woods, Shelese) |
| Filing 11 Submission of Declaration in Support of Resp in Opposition to Motion to Stay. (Woods, Shelese) |
| Filing 10 SEALED Declaration in Support, re #9 Response in Opposition to Motion. (Woods, Shelese) |
| Filing 9 RESPONSE in Opposition re #2 MOTION to Stay . (Attachments: #1 Exhibit Supreme Court Order, #2 Exhibit Supreme Court Order, #3 Exhibit Supreme Court Order)(Woods, Shelese) |
| Filing 8 Brief re #7 Order by WESLEY IRA PURKEY. (RSF) |
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Filing 7
Order Directing Parties to File Supplemental Memoranda - The parties are directed to brief two issues: (1) whether there has been a "'substantial threshold showing'" of incompetence to warrant a competency hearing and (2) whether the Court should deny the motion for preliminary injunction based on Mr. Purkey's failure to bring this action originally as a 2241 petition. Each party shall have through 4:05 a.m. today, July 16, 2020, to file their briefs as directed. Signed by Judge James R. Sweeney II on 7/16/2020.(RSF)
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| Filing 6 EXHIBIT A in Support of Motion re #2 MOTION to Stay, filed by Petitioner WESLEY IRA PURKEY. (Attachments: #1 Ex. B, #2 Ex. C, #3 Ex. D, #4 Ex. E, #5 Ex. F, #6 Ex. G, #7 Ex. H, #8 Declaration of Woodman, #9 Declaration of Hyde)(RSF) |
| Filing 5 NOTICE of Appearance on behalf of WILLIAM P. BARR; MICHAEL CARVAJAL, WARDAN (Woods, Shelese) Modified on 7/16/2020 - added names of parties (RSF). |
| Filing 4 NOTICE of Reassignment of Case to Magistrate Judge Doris L. Pryor. Magistrate Judge Mark J. Dinsmore is no longer assigned to this case. Please include the new case number, 2:20-cv-00365-JRS-DLP, on all future filings in this matter. (RSF) |
| Filing 3 NOTICE OF RELATED ACTION, filed by Petitioner WESLEY IRA PURKEY (RSF) |
| Filing 2 MOTION TO STAY EXECUTION PENDING FINAL DISPOSITION ON THE MERITS, filed by Petitioner WESLEY IRA PURKEY. (RSF) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by WESLEY IRA PURKEY. (No fee paid with this filing) (RSF) |
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