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)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
JOSEPH H. McCLAIN,
Petitioner,
vs.
SUPERINTENDENT,
Respondent.

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) CAUSE NO. 1:17-CV-142-PPS-SLC
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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