SMITH v. WRIGLEY, No. 1:2009cv00906 - Document 17 (S.D. Ind. 2009)

Court Description: Entry Concerning Selected Matters: The petitioner's motion for relief from judgment 14 is DENIED for the same reasons as explained in the Entry of October 6, 2009. The petitioner's motion for prospective relief 16 is DENIED. The reason for this ruling is that final judgment was entered on the clerk's docket on September 30, 2009, and has not been reopened. Additionally, the center cannot challenge his treatment or the conditions of his confinement through an action for habeas corpus relief. Signed by Judge Larry J. McKinney on 11/6/2009. (DWH) Modified on 11/13/2009 (TRG).

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SMITH v. WRIGLEY Doc. 17 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA ERIC D. SMITH, Petitioner, v. JEFF WRIGLEY, Respondent. ) ) ) ) ) ) ) ) No. 1:09-cv-906-LJM-TAB Entry Concerning Selected Matters The court, having considered the above action and the matters which are pending, makes the following rulings: 1. The petitioner’s motion for relief from judgment (dkt 14) is denied for the same reasons as explained in the Entry of October 6, 2009. 2. The petitioner’s motion for prospective relief (dkt 16) is denied. The reason for this ruling is that final judgment was entered on the clerk’s docket on September 30, 2009, and has not been reopened. Additionally, the center cannot challenge his treatment or the conditions of his confinement through an action for habeas corpus relief. IT IS SO ORDERED. Date: 11/06/2009 ________________________________ LARRY J. McKINNEY, JUDGE United States District Court Southern District of Indiana Distribution: Eric D. Smith #112675 New Castle Correctional Facility 1000 Van Nuys Rd. New Castle, IN 47362 Dockets.Justia.com

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