DAY v. WARDEN
| CHRISTINA DAY |
| WARDEN |
| 2:2024cv00076 |
| March 4, 2024 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Mark J Dinsmore |
| 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 March 27, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 FINAL JUDGMENT - The Court now enters final judgment. The petitioner's petition for a writ of habeas corpus is dismissed without prejudice. Signed by District Judge Matthew P. Brookman on 3/27/2024. Copy to Petitioner via US mail. (JSR) |
Filing 7
Order Dismissing Habeas Action for Failure to Exhaust Administrative Remedies - Ms. Day's petition for a writ of habeas corpus is dismissed without prejudice for failure to exhaust administrative remedies. Because no reasonable jurist would disagree with the Court's conclusion that Ms. Day did not exhaust her state court remedies, no certificate of appealability will issue. Given the urgent nature of Ms. Day's request, the clerk is directed to send her a copy of the Form for Post-Conviction Relief Rule 1 Petition, which Ms. Day may file in the appropriate state court. (See Order.) Signed by District Judge Matthew P. Brookman on 3/27/2024. Copies to Petitioner via US mail. (Attachments: #1 Post-Conviction Relief Rule 1 Petition) (JSR)
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| Filing 6 RESPONSE, re #4 Order to Show Cause, filed by Petitioner CHRISTINA DAY. (Attachments: #1 Exhibit Affidavit of Indigency, #2 Envelope) (JSR) |
| Filing 5 CONSENT to Jurisdiction to US Magistrate Judge by CHRISTINA DAY. (Attachments: #1 Envelope)(AAT) |
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Filing 4
ORDER TO SHOW CAUSE - Ms. Day has through April 5, 2024, to pay the $5.00 filing fee in this action or demonstrate her inability to do so by filing a motion for leave to proceed in forma pauperis. Because Ms. Day has not exhausted state court remedies, she has through April 5, 2024, to show cause why her habeas petition should not be dismissed without prejudice for failure to exhaust state court remedies. Further, the clerk is directed to send Ms. Day a civil rights complaint form. (See Order.) Copy mailed to Petitioner via U.S. First Class Mail. Signed by District Judge Matthew P. Brookman on 3/7/2024. (Attachments: #1 Complaint Form) (BAA)
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| Filing 3 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DJH) |
| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by CHRISTINA DAY. (No fee paid with this filing) (Attachments: #1 Envelope)(DJH) |
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| Petitioner: CHRISTINA DAY | |
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| Respondent: WARDEN | |
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