McClain v. Superintendent

Full title: JOSEPH H. McCLAIN, Petitioner, v. SUPERINTENDENT, Respondent.

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION

Date published: Apr 11, 2017

CAUSE NO. 1:17-CV-142-PPS-SLC (N.D. Ind. Apr. 11, 2017)

Opinion

CAUSE NO. 1:17-CV-142-PPS-SLC

04-11-2017

JOSEPH H. McCLAIN, Petitioner, v. SUPERINTENDENT, Respondent.

PHILIP P. SIMON, JUDGE UNITED STATES DISTRICT COURT

OPINION AND ORDER

Joseph H. McClain, a pro se prisoner, filed an in forma pauperis motion with a habeas corpus petition attempting to challenge his 1978 conviction and sentence. However, he is a restricted filer. The United States Court of Appeals for the Seventh Circuit has ordered that "[a]ny papers he submits attacking his current criminal judgment, including future collateral attacks, shall be returned unfiled." Order at 1-2, McClain v. Wilson, No. 12-1766 (7th Cir. April 10, 2012). This case inadvertently was opened in violation of that Order.

For these reasons, these filings, DE 1 and DE 2, are STRICKEN. The Clerk is DIRECTED to close this case as INADVERTENTLY OPENED.

SO ORDERED.

ENTERED: April 11, 2017.

s/ Philip P. Simon

PHILIP P. SIMON, JUDGE

UNITED STATES DISTRICT COURT