RODRIGUEZ v. VANIHEL
Petitioner: JOSE RODRIGUEZ
Respondent: FRANK VANIHEL
Case Number: 2:2021cv00011
Filed: January 5, 2021
Court: US District Court for the Southern District of Indiana
Presiding Judge: James Patrick Hanlon
Referring Judge: Doris L Pryor
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 23, 2021 Filing 11 MOTION TO DISMISS, re #5 Order to Show Cause (State Conviction), filed by FRANK VANIHEL.. (Attachments: #1 Exhibit 1 - DA Memo Decision, #2 Exhibit 2 - PCR Memo Decision, #3 Exhibit 3 - 1st Habeas Dkt., #4 Exhibit 4 - 1st Habeas Pet., #5 Exhibit 5 - 1st Habeas 1st Amend. Pet., #6 Exhibit 6 - 1st Habeas 2nd Amend. Pet., #7 Exhibit 7 - 1st Habeas Order, #8 Exhibit 8 - 1st Habeas Final Judgment, #9 Exhibit 9 - CA7 Order)(Drum, Jesse) Modified on 2/23/2021 per call from counsel that the incorrect event was used (KAA).
February 5, 2021 Opinion or Order Filing 10 ORDER - The petitioner's motion to disregard his previous motion to proceed in forma pauperis, dkt. #7 , is granted. The petitioner has paid the filing fee for this action. Dkt. 9 . The clerk is directed to terminate the motion at dkt. #2 . Signed by Judge James Patrick Hanlon on 2/5/2021. (JRB)
February 1, 2021 Filing 9 RECEIPT #IP072399 for habeas filing fee in the amount of $5.00, paid by petitioner. (AKH)
January 27, 2021 Filing 8 NOTICE to the Court, filed by Petitioner JOSE RODRIGUEZ (AAS)
January 26, 2021 Filing 7 MOTION to Disregard Motion to Proceed In Forma Pauperis Dkt. #2 , filed by Petitioner JOSE RODRIGUEZ. (AAS)
January 21, 2021 Filing 6 NOTICE of Appearance by Jesse R. Drum on behalf of Respondent FRANK VANIHEL. (Drum, Jesse)
January 13, 2021 Opinion or Order Filing 5 ORDER TO SHOW CAUSE (State Conviction) - Jose Rodriguez's petition for a writ of habeas corpus challenges the petitioner's conviction and sentence in Indiana state court case number 49G02-0811-FA-264751. The petitioner's motion to proceed in forma pauperis cannot be ruled on because the petitioner has not submitted a copy of the transaction history associated with his institution trust account for the 6month period preceding the filing of this action on January 5, 2021. The petitioner shall have through February 16, 2021, in which to submit this information to the court. Respondent is ORDERED to enter an appearance by 1/25/2021. 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 2/24/2021. If Track 1 does not apply, respondent is ORDERED to answer the petition by 3/17/2021. 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 1/13/2021 (Copy mailed per distribution list).(TMC)
January 13, 2021 Filing 4 CONSENT to Prisoner E-Service by JOSE RODRIGUEZ located at WVCF. Pursuant to General Order 2013-1, documents submitted by JOSE RODRIGUEZ 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. (Attachments: #1 Cover Letter)(AAS)
January 6, 2021 Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH)
January 5, 2021 Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Petitioner JOSE RODRIGUEZ. (AKH)
January 5, 2021 Filing 1 PETITION for Writ of Habeas Corpus, filed by JOSE RODRIGUEZ. (No fee paid with this filing) (Attachments: #1 Exhibits).(AKH)

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Respondent: FRANK VANIHEL
Represented By: Jesse R. Drum
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Petitioner: JOSE RODRIGUEZ
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