Joseph Miller v. C. Hilliard
| JOSEPH MILLER |
| C. HILLIARD |
| 23-2385 |
| July 14, 2023 |
| U.S. Court of Appeals, Seventh Circuit |
| Habeas Corpus |
Docket Report
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| Filing 9 Prose motion filed by Appellant Joseph Miller to proceed on appeal in forma pauperis. Per order. [9] [7334634] [23-2385] (FP) [Entered: 09/08/2023 03:57 PM] |
Filing 8
ORDER: The court, on it's own motion, is VACATING the order of 09/05/2023. On September 6, 2023, the clerk received a motion for leave to proceed on appeal in forma pauperis from the petitioner-appellant, which the clerk will construe as an implied request to recall the mandate. Construed as such, the request is GRANTED. The courts final order dated September 5, 2023, is VACATED, the mandate is RECALLED, and this appeal is REINSTATED. The clerk shall file INSTANTER the petitioner-appellants motion for leave to proceed on appeal in forma pauperis. In Jones v. Hendrix, No. 21-857, 2023 WL 4110233, at *4, 7 (U.S. June 22, 2023), the Supreme Court held that federal prisoners inability to satisfy 28 U.S.C. 2255(h) does not permit them to pursue a habeas corpus petition challenging the legality of their convictions or sentences under 2241 and the saving clause of 2255(e). Accordingly, petitioner-appellant Joseph Miller shall file, on or before October 10, 2023, a position statement explaining why this court should not dismiss this appeal or summarily affirm the district courts denial of saving-clause relief in light of Jones. Alternatively, if in light of Jones petitioner-appellant does not wish to proceed with this appeal, he may file a voluntary dismissal of the appeal under Rule 42(b) of the Federal Rules of Appellate Procedure. Failure to timely respond to this order may result in dismissal of this appeal. Briefing is otherwise suspended pending further order of the court. CDH Sent Certified Mail. Receipt Number: 7016 0340 0001 1334 7424. [8] [7334621] [23-2385] (FP) [Entered: 09/08/2023 03:30 PM]
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| FOR COURT USE ONLY: Certified copy of 09/08/2023 Order Vacating Dismissal/Recalling Mandate sent to the District Court Clerk. [7334635-2] [7334635] [23-2385] (FP) [Entered: 09/08/2023 03:58 PM] |
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Filing 7
ORDER: This cause is DISMISSED pursuant to Circuit Rule 3(b). Mandate issued, no record to be returned. [7] [7333823] [23-2385]--[Edited 09/08/2023 by FP to reflect that this order is VACATED, the mandate RECALLED and the appeal REINSTATED, per 9/8/2023 order.] (AD) [Entered: 09/05/2023 04:23 PM]
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| FOR COURT USE ONLY: Certified copy of 09/05/2023 Final Order with Mandate sent to the District Court Clerk. [7333829-2] [7333829] [23-2385] (AD) [Entered: 09/05/2023 04:29 PM] |
| Filing 6 Filed Seventh Circuit Transcript Information Sheet by Appellant Joseph Miller. [6] [7327600] [23-2385] (DAB) [Entered: 08/04/2023 02:58 PM] |
| Filing 5 Docketing Statement filed by Appellant Joseph Miller. Prior or Related proceedings: No. (Forwarded from the District Court). [5] [7327442] [23-2385] (CAG) [Entered: 08/04/2023 09:25 AM] |
| Filing 4 Filed District Court order DENYING Appellant Joseph Miller leave to proceed on appeal in forma pauperis. Date IFP denied: 07/28/2023. Issued Circuit Rule 3(b) 30 day notice for failure to pay the docketing fee. Fee or IFP forms due on 08/28/2023 for Appellant Joseph Miller [7326263] [4] [7326263] [23-2385] (AP) [Entered: 07/28/2023 02:59 PM] |
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Filing 3
ORDER: Appellant Joseph Miller is directed to file the overdue Docketing Statement within 14 days from the date of this Rule to Show Cause. Docketing statement response due for Appellant Joseph Miller by 08/11/2023. Sent Certified Mail. Receipt Number: 7021 2720 0001 0403 1866. [3] [7326138] [23-2385] (AD) [Entered: 07/28/2023 10:28 AM]
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| Filing 2 Notification from the District Court that a motion to proceed on appeal in forma pauperis is pending. [2] [7326054] [23-2385] (AP) [Entered: 07/27/2023 04:14 PM] |
| Filing 1 Federal prisoner's habeas corpus case docketed. Fee due. Transcript information sheet due by 07/28/2023. Docketing Statement due for Appellant Joseph Miller by 07/20/2023. Fee or IFP forms due on 07/28/2023 for Appellant Joseph Miller.. [1] [7323592] [23-2385] (FP) [Entered: 07/14/2023 03:37 PM] |
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| Petitioner / appellant: JOSEPH MILLER | |
| Represented By: | Joseph Miller |
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| Respondent / appellee: C. HILLIARD | |
| Represented By: | James M. Cutchin |
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