Stanford v. Indiana State of

Filing 2

OPINION AND ORDER DISMISSING CASE and denying writ. Signed by Judge James T Moody on 10/4/07. (kds)

Stanford v. Indiana State of

Doc. 2

case 3:07-cv-00463-JTM

document 2

filed 10/04/2007

page 1 of 2

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION TIMOTHES STANFORD, Petitioner, vs. STATE OF INDIANA, Respondent. ) ) ) ) ) ) ) ) )

CAUSE NO. 3:07-CV-463 JM

OPINION AND ORDER Timothes Stanford, a pro se prisoner, initiated this case seeking a writ of mandamus ordering the St. Joseph Superior Court to rule on his post-conviction relief petition which has been pending since December 23, 1999 in cause number 71D08-9505CF-00218. This court does not have the jurisdiction to issue such a writ against a state court. See In re Campbell, 264 F.3d 730, 731 (7th Cir. 2001) ("[W]e cannot . . . use our power to control or interfere with state court litigation, thus exceeding our jurisdiction.") This petition seeks a writ of mandamus, not a writ of habeas corpus. This petition cannot be converted into a writ of habeas corpus, if for no other reason, because it does not provide a complete basis for claiming habeas relief. Nevertheless, Stanford could file a separate habeas corpus petition in this court under a different cause number because, "[i]nordinate, unjustifiable delay in a state-court collateral proceeding excuses the requirement of petitioners to exhaust their state-court remedies before seeking federal habeas corpus relief." Jackson v. Duckworth, 112 F.3d 878 (7th Cir. 1997).

Dockets.Justia.com

case 3:07-cv-00463-JTM

document 2

filed 10/04/2007

page 2 of 2

Finally, if he would rather complete the state post-conviction relief process first, We note in closing, for Campbell's guidance (since he is unrepresented), that he can ask the [Indiana] Appellate Court[s] to issue under the authority of [Indiana] state law a writ of mandamus directing the state trial court . . .. Id at 732. For the foregoing reasons, the Writ is DENIED and this case is DISMISSED.

SO ORDERED. ENTER: October 4, 2007 s/ James T. Moody JUDGE JAMES T. MOODY UNITED STATES DISTRICT COURT