UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

MARIO ANTHONY ALLEN, ) ) Petitioner, ) ) v. ) No. 1:20-cv-01852-JPH-DML ) WENDY KNIGHT, ) ) Respondent. )

ORDER DIRECTING RETURN OF DOCUMENTS AND CLOSING CASE

Mario Anthony Allen's petition for a writ of habeas corpus challenges his conviction and sentence in Indiana state court case number 46D01-0306-FB-000072. He previously challenged this same conviction in this Court. That petition was denied on the merits. See Allen v. Brown, No. 2:13-CV-0386-LJM-WGH,

, at *1 (S.D. Ind. Nov. 17, 2015). When there has already been a decision in a federal habeas action, to obtain another round of federal collateral review a petitioner requires permission from the Court of Appeals under

(b). Here, the petitioner has previously sought federal habeas relief for the conviction at issue in his petition. There is no indication he has been granted permission from the Court of Appeals to pursue a successive petition. To the contrary, on February 21, 2018, the Seventh Circuit sanctioned the petitioner for his repeated frivolous filings. See Allen v. Knight, No 18-1317 (7th Cir. Feb. 21, 2018). That order instructs all courts in the Seventh Circuit to return unfiled any collateral attack on the petitioner's 2004 conviction. This action was therefore improvidently opened in contravention of the filing restriction. Accordingly, the clerk is directed to return all documents in this action to the petitioner as unfiled and void any file stamp from this Court on the documents. The petitioner's motion for leave to proceed in forma pauperis, dkt. [2], is denied as moot. The clerk is directed to close this action on the docket. No final judgment shall issue because no claims were adjudicated in this action. SO ORDERED. Date: 7/24/2020 Slam ruck banter James Patrick Hanlon United States District Judge Southern District of Indiana

Distribution: MARIO ANTHONY ALLEN 143473 PENDLETON - CORRECTIONAL INDUSTRIAL FACILITY CORRECTIONAL INDUSTRIAL FACILITY Inmate Mail/Parcels 5124 West Reformatory Road PENDLETON, IN 46064