SLOAN v. WABASH VALLEY CORRECTIONAL FACIILITY

Filing 17

Entry and Order Dismissing Action - Petitioner has not exhausted his available state remedies in the Indiana state courts (by filing an action for post- conviction relief) and this action should therefore be dismissed without prejudice. Judgment co nsistent with this Entry shall now issue. The court further concludes that petitioner has failed to show that reasonable jurists would find it 'debatable whether [this court] was correct in its procedural ruling.' The court therefore denies a certificate of appealability. Copy to petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 5/14/2012.(RSF)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

ROGER SLOAN,

)
)
Petitioner,
)
)
vs.
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RICHARD BROWN, Superintendent, )
)
Respondent.
)

2:11-cv-255-JMS-DKL

Entry and Order Dismissing Action
I.
The circumstances associated with the habeas claim of Roger Sloan were
examined in the Entry of March 14, 2012, and Sloan was given through April 4,
2012, in which “to explain why the present action should not be dismissed without
prejudice so that he can exhaust this available remedy under Indiana law through
the filing of an action for post-conviction relief.”
Sloan has failed to proceed as directed above. The court concludes from this
failure that he has not exhausted his available state remedies in the Indiana state
courts (by filing an action for post-conviction relief) and this action should therefore
be dismissed without prejudice.
Judgment consistent with this Entry shall now issue.

II.
The court further concludes that Sloan has failed to show that reasonable
jurists would find it Adebatable whether [this court] was correct in its procedural
ruling.@ Slack v. McDaniel, 529 U.S. 473, 484 (2000). The court therefore denies a
certificate of appealability.
IT IS SO ORDERED.

05/14/2012
Date: _________________
Distribution:
Roger Sloan
DOC #910908
Wabash Valley Correctional Facility
6908 S. Old U.S. Highway 41
P.O. Box 500
Carlisle, IN 47838-1111
All Electronically Registered Counsel

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