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17-049 - PALMER v. SMITH


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17-049 - PALMER v. SMITH
May 2, 2017
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Entry Discussing Petition for Writ of Habeas Corpus and Denying Certificate of Appealability - Palmer is confined at an Indiana prisoner serving the executed portion of a sentence imposed on February 23, 2016 following his plea of guilty to causing death when operating a motor vehicle while intoxicated. Two motions to modify Palmer's sentence were summarily denied. These were followed by the filing of a petition for post-conviction relief, which was withdrawn without prejudice on November 7, 2016 at Palmer's request. This action followed. Palmer has not exhausted his habeas claims in the Indiana state courts, which remain open to him. His petition for a writ of habeas corpus is therefore dismissed without prejudice. Judgment consistent with this Entry shall now issue. The Court denies a certificate of appealability. (See Entry.) Signed by Judge William T. Lawrence on 5/2/2017.(RSF)