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16-266 - ANKH EL v. SMITH

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16-266 - ANKH EL v. SMITH
July 5, 2016
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Entry Directing Further Proceedings - The present action for habeas corpus relief brought by Menes Ankh El represents his most recent challenge to his conviction in No. 49G04-1208-FC-59353. A recent challenge, docketed as No. 1:16-cv-346-TWP-DKL, was dismissed without prejudice because his appeal from the denial of post-conviction relief was pending at the time that action was filed on February 8, 2016. The appeal just referenced was docketed in the Indiana Court of Appeals as No. 49A05-1507-PC-00929. Public records of that Court show that the appeal was dismissed with prejudice on May 19, 2016 and that no petition for transfer had been filed as of July 1, 2016. The petitioner shall have such an opportunity. He shall have through August 1, 2016 in which to show cause why this action should not be dismissed because of the petitioner's procedural default in failing to file a timely motion to transfer in No. 49A05-1507-PC-00929 following the dismissal of that appeal on May 19, 2016. (See Order.) Copy to Petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 7/5/2016.(BRR)