Nicholas Scott Harvel v. Sheriff

Summary

The United States District Court for the Northern District of Indiana dismissed Nicholas Scott Harvel's habeas petition challenging custody under an extradition warrant. The court concluded that the claims were moot or unexhausted, denied a certificate of appealability, and directed the clerk to close the case.

Holdings

1. The petition must be dismissed because the claims are moot or unexhausted, and Harvel did not respond to the court's opportunity to address those defects.
2. A certificate of appealability must be denied because reasonable jurists would not debate the correctness of the procedural dismissal.

Questions Presented

1. Whether the habeas petition should be dismissed under Rule 4 because the claims were moot or unexhausted.
2. Whether Harvel was entitled to a certificate of appealability after the petition was dismissed on procedural grounds.

Disposition

dismissed