Stephen D. Brown v. Richard Clark, and Indiana Attorney General , 983 F.2d 1072 ( 1992 )


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  • 983 F.2d 1072

    NOTICE: Seventh Circuit Rule 53(b)(2) states unpublished orders shall not be cited or used as precedent except to support a claim of res judicata, collateral estoppel or law of the case in any federal court within the circuit.
    Stephen D. BROWN, Petitioner-Appellant,
    v.
    Richard CLARK, and Indiana Attorney General, Respondents-Appellees.

    No. 91-2956.

    United States Court of Appeals, Seventh Circuit.

    Argued Nov. 17, 1992.
    Decided Dec. 15, 1992.

    Before COFFEY, POSNER, and MANION, Circuit Judges.

    ORDER

    1

    Petitioner Stephen D. Brown appeals from a district court order dismissing his petition for writ of habeas corpus without prejudice. Petitioner argues that he has waited 7 1/2 years for the State of Indiana to provide him with a transcript of his 1984 trial, and that he was denied effective assistance of counsel because no direct appeal or post-conviction motions were ever filed.

    2

    Respondents provided petitioner with the trial transcript at oral arguments before this court. The obstacle to a state appeal has now been removed. See Lumbert v. Finley, 735 F.2d 239, 240-41 (7th Cir.1984); Lowe v. Duckworth, 663 F.2d 42, 43 (7th Cir.1981). Petitioner may present his claims to the state courts.

    3

    Accordingly, the appeal is DISMISSED as moot.

Document Info

Docket Number: 91-2956

Citation Numbers: 983 F.2d 1072, 1992 U.S. App. LEXIS 37176

Filed Date: 12/15/1992

Precedential Status: Non-Precedential

Modified Date: 12/22/2014