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15-1560 - SWALLERS v. MOORES et al


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15-1560 - SWALLERS v. MOORES et al
October 19, 2015
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ORDER DISMISSING NEXT FRIEND CLAIM(S) ON BEHALF OF ABIGAIL SWALLERS. The next friend petition for writ of habeas corpus on behalf of Abigail Swallers is dismissed without prejudice. If Brent Swallers appears by counsel with respect to that petition, he may concurrently seek to reinstate the next friend petition. For the present, no final judgment shall issue at this time as to the dismissal of the next friend petition filed by Brent Swallers without counsel on behalf of Abigail Swallers. Mr. Swallers shall report his efforts and intentions to the Court in this regard within 60 days of the date of this entry. Copy sent to Petitioner. Signed by Judge Tanya Walton Pratt on 10/19/2015. (JLS) Modified on 10/22/2015 (BGT).
December 8, 2015
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ENTRY and Notice - Mr. Swallers joined in this action for habeas corpus relief as a co-petitioner but failed to coherently allege that he could satisfy the "in custody" requirement of the federal habeas statute. He has not remedied this deficiency, and for this reason the action is dismissed for lack of jurisdiction as to any claim for habeas corpus relief asserted by Mr. Swallers. Resolution of the claim asserted by Mr. Swallers has not resulted in the resolution of all claims by and against all parties. No partial final judgment shall issue at this time as to the resolution of the claim for habeas corpus relief asserted by Mr. Swallers in Part I of this Entry. Copy to Petitoiner via U.S. Mail. Signed by Judge Tanya Walton Pratt on 12/7/2015.(JLS)
January 12, 2016
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Entry Denying Motion for Writ of Error - Final Judgment was entered on the clerk's docket on December 23, 2015. Two days before the entry of such judgment, however, Mr. Swallers filed a motion for writ of error, wherein he argues that (1) the Entry issued on December 16, 2015 was improperly issued and docketed, (2) an order should be issued requiring that Abigail Swallers be returned to the custody of her family, (3) the undersigned should recuse, and (4) the undersigned should be understood as being in indirect contempt of court under Indiana statutes. "Final judgment necessarily denies pending motions...." Dunn v. Truck World, Inc., 929 F.2d 311, 313 (7th Cir. 1991). That is a sufficient basis on which to deny relief sought in the motion for writ of error filed on December 21, 2015. It is an equally sufficient basis to deny such relief to note that the motion is entirely without merit, is contrary to the prior rulings and development in this action, and is based on wholly inapplicable principles. The motion for writ of error [dkt 30] is DENIED. Copy to Petitioner via U.S. Mail. Signed by Judge Tanya Walton Pratt on 1/11/2016. (JLS)
January 13, 2016
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ENTRY Discussing Selected Matters - This matter is before the Court on numerous matters filed on January 8, 2016. (See Dkts. No. 37, 38, 39, 40, 41 and 42). Given his pro se status, the Court liberally construes the documents filed on January 8, 2016, and those documents will be treated in the aggregate as a motion to alter or amend judgment. Accordingly, the motion to alter or amend judgment, consisting of the aggregate of the petitioner's filings of January 8, 2016, is DENIED. Mr. Swallers' renewed request that the undersigned recuse is DENIED. Copy to Petitioner via U.S. Mail. Signed by Judge Tanya Walton Pratt on 1/13/2016.(JLS)