RICHEY v. WARDEN
| ASHLEY ALAN RICHEY |
| WARDEN |
| 2:2023cv00567 |
| December 11, 2023 |
| US District Court for the Southern District of Indiana |
| James Patrick Hanlon |
| M Kendra Klump |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 7
ORDER DIRECTING FURTHER PROCEEDINGS - On December 19, the Court notified Mr. Richey that it intended to treat Mr. Richey's December 11 filing as a petition for a writ of habeas corpus under 28 U.S.C. 2254 unless he filed a notice indicating that he wished to voluntarily withdraw the motion. Dkt. #4 . Mr. Richey responded. Dkt. #5 . His response, which is difficult to follow, indicates both that he did not receive a complete copy of the Court's December 19 Order and that he would like to withdraw the motion. Given Mr. Richey's unclear response, the Court orders as follows: The clerk is directed to send Mr. Richey a copy of the Notice at dkt. #4 , 2254 petition form, dkt. [4-1], and a copy of the docket sheet; The Court extends the deadline for Mr. Richey to comply with the Court's Notice to February 26, 2024. (See Order.) Signed by Judge James Patrick Hanlon on 1/25/2024. Copies to Petitioner via US mail. (Attachments: #1 Dkt. 4 and 4-1, #2 Public Docket Sheet) (JSR)
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| Filing 6 CONSENT to Jurisdiction to US Magistrate Judge by ASHLEY ALAN RICHEY. (Attachments: #1 Exhibit, #2 Envelope)(JRB) |
| Filing 5 Letter to the Court from Ashley Richey. (Attachments: #1 Envelope) (JRB) |
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Filing 4
Notice Regarding Challenge to State Conviction and Sentence - This Order provides Mr. Richey with his notice of the treatment of his filing as a petition for a writ of habeas corpus under 28 U.S.C. 2254 and his opportunity to withdraw or amend the petition. He shall have through January 22, 2024, to: (1) file an amended petition which contains a complete statement of the claims and grounds on which he could and does challenge his conviction, and/or sentence; (2) voluntarily dismiss his pending petition as it could be thought to seek relief authorized by 28 U.S.C. 2254, or (3) notify the Court that the filing dated November 27, 2023, does constitute a complete statement of the claims and grounds on which he could and does challenge his conviction and sentence. If Mr. Richey does not take one of these steps by January 22, 2024, the filing will be treated as a 2254 petition and the case will proceed. The clerk shall include a form 2254 petition with the petitioner's copy of this Order. Finally, Mr. Richey has through January 22, 2024, to pay the $5.00 filing fee for this action or demonstrate his financial inability to do so. (See Notice.) Signed by Judge James Patrick Hanlon on 12/19/2023. Copies to Petitioner via US mail. (Attachments: #1 Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2254) (JSR)
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| Filing 3 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (CCG) |
| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (CCG) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by ASHLEY ALAN RICHEY. (No fee paid with this filing) (Attachments: #1 Envelope)(CCG) |
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| Petitioner: ASHLEY ALAN RICHEY | |
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| Respondent: WARDEN | |
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