McClain v. Superintendent

Filing 3

OPINION AND ORDER: STRIKING 1 PETITION for Writ of Habeas Corpus and 2 Motion for Leave to Proceed in forma pauperis. The Clerk is DIRECTED to close this case as INADVERTENTLY OPENED. Signed by Judge Philip P Simon on 4/11/2017. (Copy mailed to pro se party)(lhc)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION JOSEPH H. McCLAIN, Petitioner, vs. SUPERINTENDENT, Respondent. ) ) ) ) CAUSE NO. 1:17-CV-142-PPS-SLC ) ) ) ) ) OPINION AND ORDER Joseph H. McClain, a pro se prisoner, filed an in forma pauperis motion with a habeas corpus petition attempting to challenge his 1978 conviction and sentence. However, he is a restricted filer. The United States Court of Appeals for the Seventh Circuit has ordered that “[a]ny papers he submits attacking his current criminal judgment, including future collateral attacks, shall be returned unfiled.” Order at 1-2, McClain v. Wilson, No. 12-1766 (7th Cir. April 10, 2012). This case inadvertently was opened in violation of that Order. For these reasons, these filings, DE 1 and DE 2, are STRICKEN. The Clerk is DIRECTED to close this case as INADVERTENTLY OPENED. SO ORDERED. ENTERED: April 11, 2017. _s/ Philip P. Simon_________________ PHILIP P. SIMON, JUDGE UNITED STATES DISTRICT COURT

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