Bennett v. Layton
| ADRIAN BENNETT |
| Norman Chaffins and JOHN R. LAYTON |
| 4:2018cv00121 |
| July 25, 2018 |
| US District Court for the Western District of Kentucky |
| Owensboro Office |
| XX US, Outside State |
| Joseph H McKinley |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Filing 16 Case Assignment (Random Selection): Case Assigned to Chief Judge Joseph H. McKinley, Jr.. (JM) |
| Filing 15 Case transferred in from District of Indiana Southern; Case Number 1:18-cv-01197. Original file certified copy of transfer order and docket sheet received. (JM) |
| Filing 14 Transfer Letter to Clerk of the Western District of Kentucky. Case transferred electronically to Western District of Kentucky, on July 25, 2018. (APD) [Transferred from insd on 7/25/2018.] |
Filing 13
ORDER TRANSFERRING ACTION TO WESTERN DISTRICT OF KENTUCKY, OWENSBORO DIVISION - Adrian Bennett's amended petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241 indicates that he is now confined at the Grayson County Jail in Kentucky. See Dkt. #12 at 1, 3, 16. Therefore, the above action is transferred to the United States District Court for the Western District of Kentucky, Owensboro Division. Copy to petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 7/25/2018.(APD) [Transferred from insd on 7/25/2018.]
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| Filing 12 AMENDED COMPLAINT against NORMAN CHAFFINS, filed by ADRIAN BENNETT. (Attachments: #1 Envelope)(APD) [Transferred from insd on 7/25/2018.] |
| Filing 11 RECEIPT #IP060894 for filing fee in the amount of $5.00, paid by Petitioner. (DJH) [Transferred from insd on 7/25/2018.] |
| Filing 10 Dkt. #7 resent to Adrian Bennett at 320 Shaw Station Road. (JRT) [Transferred from insd on 7/25/2018.] |
| Filing 9 Returned mail sent to Adrian Bennett Marion County Jail Inmate Mail/Parcels 40 S. Alabama St Indianapolis, IN 46204 in re copy of amended complaint. (APD) [Transferred from insd on 7/25/2018.] |
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Filing 8
ENTRY - On April 23, 2018, the Court ordered Petitioner Adrian Bennett to either renew his motion to proceed in forma pauperis or pay the $5.00 filing fee by May 21, 2018. In the same entry, the Court ordered Mr. Bennett to file an amended petition or otherwise show cause why his petition should not be dismissed by May 21, 2018. That entry was returned to the Court by the Postal Service because Mr. Bennett has been transferred from the Marion County Jail and is now jailed in Kentucky. The clerk is directed to include copies of dkts. #3 and #4 with Mr. Bennett's copy of this entry. The clerk is further directed to update Mr. Bennett's address on the docket consistent with the distribution portion of this entry. As previously directed in dkt. #4 , Mr. Bennett shall have through June 15, 2018, to either renew his motion to proceed in forma pauperis or pay the $5.00 filing fee. Mr. Bennett shall have through June 15, 2018, to either file an amended petition that satisfies the instructions set forth in dkt. #4 or otherwise show cause why his petition should not be dismissed. (SEE ENTRY). Copy of Entry and applicable documents to petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 5/15/2018.(APD) [Transferred from insd on 7/25/2018.]
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| Filing 7 AMENDED PETITION against NORMAN CHAFFINS, filed by ADRIAN BENNETT (Attachments: #1 Text of Proposed Order, #2 Envelope)(APD) [Transferred from insd on 7/25/2018.] |
| Filing 6 Mail Returned as undeliverable. Return to Sender, Petitioner released #4 Order on Motion for Leave to Proceed in forma pauperis sent to ADRIAN BENNETT. (JDC) [Transferred from insd on 7/25/2018.] |
| Filing 5 Mail Returned as undeliverable (Adrian Bennett Marion County Jail Inmate Mail/Parcels 40 South Alabama Indianapolis, IN 46204). #3 Magistrate Judge's Notice of Availability to Exercise Jurisdiction sent to ADRIAN BENNETT. (APD) [Transferred from insd on 7/25/2018.] |
| Filing 4 ENTRY DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND DIRECTING FURTHER PROCEEDINGS - Petitioner Adrian Bennett's motion to proceed in forma pauperis, dkt. #2 , is denied as presented. He shall have through May 21, 2018, in which renew his motion to proceed in forma pauperis by attaching a copy of the transactions associated with his institution trust account for the six-month period preceding the filing of this action on April 19, 2018. 42 U.S.C. 1915(a)(2). Otherwise, the plaintiff must pay the $5.00 filing fee. The clerk is directed to include a form motion to proceed in forma pauperis with Mr. Bennett's copy of this entry. Mr. Bennett's filing does not include sufficient information to allow the Court to assess his claim for relief. Mr. Bennett will not benefit from the Court guessing at what action he is challenging or the legal basis for his challenge. If Mr. Bennett is seeking a writ of habeas corpus pursuant to 28 U.S.C. 2241, he shall have through May 21, 2108, to either (a) file an amended petition satisfying the requirements of 28 U.S.C. 2242, or (b) otherwise show cause why his petition should not be dismissed. The clerk is directed to attach a form 2241 petition with Mr. Bennett's copy of this entry. If Mr. Bennett is seeking relief on a basis other than 2241, he must initiate a new action by filing a new petition clearly stating what relief he is seeking, the legal basis for that relief, and the facts that would entitle him to relief. (See Entry). Copy of Entry and applicable forms to petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 4/23/2018. (Attachments: #1 Form IFP Motion, #2 Form 2241 Petition) (APD) [Transferred from insd on 7/25/2018.] |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) [Transferred from insd on 7/25/2018.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Petitioner ADRIAN BENNETT. (Attachments: #1 Envelope)(REO) [Transferred from insd on 7/25/2018.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by ADRIAN BENNETT. (No fee paid with this filing) (Attachments: #1 Exhibit - Suporting documents, #2 Text of Proposed Order, #3 Civil Cover Sheet, #4 Envelope)(REO) [Transferred from insd on 7/25/2018.] |
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