RODRIGUEZ v. VANIHEL
| JOSE RODRIGUEZ |
| FRANK VANIHEL |
| 2:2021cv00011 |
| January 5, 2021 |
| US District Court for the Southern District of Indiana |
| James Patrick Hanlon |
| Doris L Pryor |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| 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). |
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)
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| Filing 9 RECEIPT #IP072399 for habeas filing fee in the amount of $5.00, paid by petitioner. (AKH) |
| Filing 8 NOTICE to the Court, filed by Petitioner JOSE RODRIGUEZ (AAS) |
| Filing 7 MOTION to Disregard Motion to Proceed In Forma Pauperis Dkt. #2 , filed by Petitioner JOSE RODRIGUEZ. (AAS) |
| Filing 6 NOTICE of Appearance by Jesse R. Drum on behalf of Respondent FRANK VANIHEL. (Drum, Jesse) |
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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)
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| 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) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Petitioner JOSE RODRIGUEZ. (AKH) |
| 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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