COLE-BEY v. THE INDIANA CORRECTIONS DEPARTMENT

Filing 3

ENTRY Concerning Selected Matters - The petitioner's custodian, named in his official capacity only and as shown in the caption above, is substituted as the respondent in this action. The petitioner shall have through April 11, 2012, in whic h to either pay the five dollar filing fee for this action or demonstrate his financial inability to do so. The petitioner shall have through April 11, 2012, in which to supplement his petition for a writ of habeas corpus by stating whether and how he has exhausted available state judicial remedies. (copy to Petitioner via US Mail). Signed by Judge Jane Magnus-Stinson on 3/21/2012. (JKS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
NOBLE KOBIE COLE-BEY,
Petitioner,
v.
SUPERINTENDENT, Plainfield
Correctional Facility,
Respondent.

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No: 1:12-cv-351-JMS-DML

Entry Concerning Selected Matters
I.
The petitioner’s custodian, named in his official capacity only and as shown
in the caption above, is substituted as the respondent in this action.
II.
The petitioner shall have through April 11, 2012, in which to either pay the
five dollar filing fee for this action or demonstrate his financial inability to do so.
III.
“Federal courts are authorized to dismiss summarily any habeas petition that
appears legally insufficient on its face” McFarland v. Scott, 512 U.S. 849, 856
(1994). This authority is conferred by Rule 4 of the Rules Governing Section 2254
Cases in United States District Courts.
“Before seeking a federal writ of habeas corpus, a state prisoner must
exhaust available state remedies.” Baldwin v. Reese, 541 U.S. 27, 29 (2004)(citing
28 U.S.C. §2254(b)(1)). Accordingly, "when examining a habeas corpus petition, the
first duty of a district court . . . is to examine the procedural status of the cause of
action." United States ex rel. Simmons v. Gramley, 915 F.2d 1128, 1132 (7th Cir.
1990).

The petitioner shall have through April 11, 2012, in which to supplement
his petition for a writ of habeas corpus by stating whether and how he has
exhausted available state judicial remedies.
IT IS SO ORDERED.

03/21/2012
Date: _________________________
_______________________________

Distribution:
Kobie Cole-Bey
104442 B4-54
Plainfield Correctional Facility
727 Moon Rd.
Plainfield, IN 46168

Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana