TWITTY v. BUTTS
Filing
3
Entry and Order to Show Cause - The petitioner shall have through August 15, 2012, in which to either pay the $5.00 filing fee for this action or demonstrate his financial inability to do so. The third claim in the petition for writ of hab eas corpus is summarily DISMISSED. No partial final judgment shall issue at this time as to the claim(s) resolved in this Entry. The Respondent shall show cause why the relief sought by the petitioner should not be granted. This shall be done wi thin twenty (20) days after the date this Entry is signed. The petitioner shall have twenty (20) days after service of such answer or return to order to show cause on him in which to reply. Signed by Judge Tanya Walton Pratt on 7/24/2012. Copy Mailed.(JD)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRY R. TWITTY, SR.,
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Petitioner,
vs.
KEITH BUTTS, Warden,
Respondent.
1:12-cv-00985-TWP-MJD
Entry and Order to Show Cause
I.
A.
The petitioner shall have through August 15, 2012, in which to either pay
the $5.00 filing fee for this action or demonstrate his financial inability to do so.
B.
The third claim in the petition for writ of habeas corpus is summarily
dismissed pursuant to Rule 4 of the Rules Governing Section 2254 Proceedings in
the United States District Courts because it is based on allegations involving the
post-conviction relief proceeding and those allegations do not support a cognizable
claim for relief under 28 U.S.C. ยง 2254(a). Montgomery v. Meloy, 90 F.3d 1200, 1206
(7th Cir.) ("[u]nless state collateral review violates some independent constitutional
right, such as the Equal Protection Clause, . . . errors in state collateral review
cannot form the basis for federal habeas corpus relief"), cert. denied, 519 U.S. 907
(1996); Williams v. State, 640 F.2d 140, 143-44 (8th Cir.) ("Infirmities in the state's
post-conviction remedy procedure cannot serve as a basis for setting aside a valid
original conviction. . . . Errors or defects in the state post-conviction proceeding do
not, ipso facto, render a prisoner's detention unlawful or raise constitutional
questions cognizable in habeas corpus proceedings."), cert. denied, 451 U.S. 990
(1981).
No partial final judgment shall issue at this time as to the claim(s) resolved
in this Entry.
II.
The petitioner=s custodian is directed to answer the allegations of the
petitioner=s petition for a writ of habeas corpus, and in doing so shall show cause
why the relief sought by the petitioner should not be granted. This shall be done
within twenty (20) days after the date this Entry is signed. The petitioner shall
have twenty (20) days after service of such answer or return to order to show cause
on him in which to reply.
A copy of this Entry and Order to Show Cause shall be sent to the Indiana
Attorney General through a Notice of Electronic Filing ("NEF") generated by the
court's CM/ECF case management system. The Indiana Attorney General has
previously been provided with a copy of the habeas petition itself.
IT IS SO ORDERED.
07/24/2012
Date: _________________________
________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana
Distribution:
Terry Twitty, Sr.
No. 990104
Pendleton Correctional Facility
4490 West Reformatory Road
Pendleton, IN 46064
habeas@atg.in.gov
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