STEPHENS v. ZATECKY
| JAMES STEPHENS |
| DUSHAN ZATECKY |
| 2:2023cv00233 |
| May 9, 2023 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James R Sweeney |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on June 8, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 FINAL JUDGMENT - The Court now enters final judgment. The petitioner's petition for a writ of habeas corpus is dismissed for lack of jurisdiction. Copy sent to Petitioner via US Mail. Signed by Judge James R. Sweeney II on 6/8/2023.(JRB) |
Filing 9
Order Denying #8 Motion for Relief from Judgment and Dismissing Petition for Lack of Jurisdiction - Mr. Stephens has previously sought federal habeas relief for the conviction at issue in his petition. He has not received permission from the Seventh Circuit Court of Appeals to pursue a successive 2254 petition. Therefore, his petition must be dismissed for lack of jurisdiction as an unauthorized successive petition. The Court denies a certificate of appealability. Judgment consistent with this Order shall now issue. SEE ORDER. Copy sent to Petitioner via US Mail. Signed by Judge James R. Sweeney II on 6/8/223. (JRB)
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| Filing 8 MOTION for Relief from Judgment, filed by Petitioner JAMES STEPHENS. (Attachments: #1 Exhibit)(JRB) |
| Filing 7 RESPONSE to #5 Order to Show Cause, filed by Petitioner JAMES STEPHENS. (JRB) |
| Filing 6 Plaintiff's Disclosure Statement, filed by Petitioner JAMES STEPHENS (JRB) |
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Filing 5
ORDER TO SHOW CAUSE - James Stephens filed a habeas corpus petition to challenge his 1999 Indiana state court conviction for burglary and theft under Indiana Case No. 49G02-9805- CF-076033. Dkt. 1. For the following reasons, Mr. Stephens is ordered to show cause why his petition should not be dismissed as an unauthorized successive petition (see Order). Mr. Stephens' motion for leave to proceed in forma pauperis, dkt. [ #2 ], is granted. Mr. Stephens has previously sought federal habeas relief for the conviction at issue in his petition. There is no indication he sought permission from the Seventh Circuit Court of Appeals to pursue a successive 2254 petition. Therefore, he shall have through June 12, 2023, in which to show cause why his petition should not be dismissed as successive. See Order for additional information. Copy to Plaintiff via US Mail. Signed by Judge James R. Sweeney II on 5/13/2023.(SWM)
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| Filing 4 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DJH) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Petitioner JAMES STEPHENS. (Attachments: #1 Affidavit of Special Circumstances and Certificate of Offender Trust Account, #2 Text of Proposed Order)(DJH) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by JAMES STEPHENS. (No fee paid with this filing) (Attachments: #1 Exhibit A Transcript, #2 Exhibit B Orders from Indiana Court of Appeals and Indiana Supreme Court, #3 Exhibit C case report)(DJH) |
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| Petitioner: JAMES STEPHENS | |
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| Respondent: DUSHAN ZATECKY | |
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