Opinion
No. 3:02cv0355 AS
July 9, 2002
MEMORANDUM AND ORDER
On May 14, 2002, pro se petitioner, Mike Swafford, an inmate at the Indiana State Prison (ISP) in Michigan City, Indiana, filed a petition seeking relief under 28 U.S.C. § 2254. The Motion to Dismiss filed on behalf of the respondent by the Attorney General of Indiana on June 18, 2002, demonstrates the necessary compliance with Lewis v. Faulkner, 689 F.2d 100 (7th Cir. 1982). The petitioner filed a Traverse and motions on July 3, 2002, which have been examined by this Court.
The petitioner is a convicted felon serving a sentence imposed by a court in the State of Indiana. This Court takes judicial notice of the proceedings had in this division of this Court in Swafford v. Parke, No. 3:97cv0482 AS. The Attorney General of Indiana has been kind enough to place before this Court again its Memorandum and Order in 3:97cv0482 AS, which was dated January 29, 1998. With all deference, it does not appear that any effort was made by this petitioner to appeal the decision referred to entered on January 29, 1998, and as far as this Court knows, the statutory law with regard to the applicable statute of limitations has not been changed by the Congress of the United States at any time relevant here. This petitioner has been in custody on convictions of murder and robbery which took place now 19 years ago, in Indianapolis, Indiana. This is clearly a successive petition under 28 U.S.C. § 2244(b)(3)(A). There is no showing here that the Court of Appeals has given permission to file a successive petition.
Therefore, under current law, this Court is without jurisdiction. The petition is DISMISSED, but, as required, such dismissal is WITHOUT PREJUDICE.
IT IS SO ORDERED.