Opinion
CAUSE NO. 3:12-CV-839 PS
12-21-2012
JESSE L. PAYNE, Petitioner, v. SUPERINTENDENT, Respondent.
OPINION AND ORDER
Jesse L. Payne, a pro se prisoner, sent the court three envelopes which arrived at the courthouse on December 17, 2012. These envelopes contained the first 12 pages of a habeas corpus petition as well as other papers. The contents of those three envelopes were used to open this case. Previously, on December 3, 2012, the clerk received an envelope from Payne which contained pages 13 through 16 of a habeas corpus petition. The contents of that envelope were used to open Payne v. Superintendent, 3:12-cv-787 (N.D. Ind. December 3, 2012).
Because Payne did not put a cause number on the papers used to open this case and because they arrived in separate envelopes weeks after his prior filing, the clerk logically used them to open a new case. However, it is now clear that the papers used to open this case are related to the partial habeas corpus petition filed in 3:12-cv-787. This case was inadvertently opened. For the foregoing reasons, this case is CLOSED and the clerk is DIRECTED to docket the contents of this case in 3:12-cv-787.
SO ORDERED.
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PHILIP P. SIMON, CHIEF JUDGE
UNITED STATES DISTRICT COURT