APPEAL FROM THE HENRY CIRCUIT COURT. The Honorable Kit C. Dean Crane, Judge. Cause No. 33C02-1404-MI-53.
FREDERICK HOLMES-BEY, APPELLANT, Pro se, New Castle, Indiana.
BAILEY, Judge. NAJAM, J., and PYLE, J., conur.
Frederick Holmes-Bey (" Holmes-Bey" ), a prisoner in the Indiana Department of Correction (" DOC" ) and participant in the Indiana Sex Offender Management and Monitoring (" SOMM" ) Program, received a disciplinary sanction in February of 2014. He sought to file, in the United States District Court, Southern District of Indiana, a petition under 28 U.S.C. § 2254, for a writ of habeas corpus, naming as respondent Keith Butts, Warden. The petition was inadvertently mailed to the Clerk of the Henry Circuit Courts, and the petition was stamped as filed in the Henry Circuit Court 2 and a cause number was assigned. Although Holmes-Bey discovered his error and notified the circuit court via letter, the circuit court re-captioned the matter to reflect a state court action, named the State of Indiana as the respondent, and entered an order denying the petition. Holmes-Bey appealed and the Indiana Attorney General filed a notice of non-involvement. Holmes-Bey presents the sole issue of whether the trial court lacked subject matter jurisdiction to enter the order of denial. We reverse and remand with instructions to dismiss.
Facts and Procedural History
On April 30, 2014, the Clerk of the Henry Circuit Court 2 received a document captioned:
IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION
FREDERICK HOLMES-BEY, Petitioner, v. KEITH BUTTS, WARDEN, Respondent.
(To be supplied by ...