Burton v. Krueger

Burton v. Krueger

Petitioner:	Joseph . Burton
Respondent:	Jeffery E Krueger
Case Number:	1:2016cv01341
Filed:	September 12, 2016
Court:	US District Court for the Central District of Illinois
Office:	Peoria Office
County:	Tazewell
Presiding Judge:	Joe Billy McDade
Nature of Suit:	Prison Condition
Cause of Action:	28 U.S.C. § 2241
Jury Demanded By:	None

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Date Filed	Document Text
October 10, 2017	Filing 13 ORDER & OPINION entered by Judge Joe Billy McDade on 10/10/2017. For the reasons stated above, Petitioner's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Doc. 1) is GRANTED. IT IS THEREFORE ORDERED: 1) Petitioner's P etition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241is GRANTED; 2) Petitioner's armed career criminal enhanced sentence imposed by the Northern District of Illinois in Case No. 1:08-cr-01055 is VACATED;3) Respondent SHALL deliver Petitioner to the Northern District of Illinois for resentencing; 4) The Clerk is DIRECTED to enter Final Judgment hereon. CASE TERMINATED. See full written Order & Opinion.(VH, ilcd)
September 13, 2016	Filing 4 ORDER & OPINION entered by Judge Joe Billy McDade on 9/13/2016. Petitioners Motion to Proceed in forma pauperis 2 is GRANTED. Petitioner is excused from pre-paying the full $5.00 filing fee, but SHALL pay a partial filing fee of $1.40. If , at the time the trust fund department at Petitioners institution receives this Order, Petitioner does not have that much money in his account, the trust fund department shall send 20% of Petitioners current balance. Thereafter, each time the b alance in Petitioners account exceeds $10.00, Petitioners custodian shall forward to the Clerk, in monthly payments, 20% of the preceding months income credited to Petitioners account, until the $1.40 filing fee is paid. The Clerk SHAL L serve a copy of the Petition 1 upon Respondent pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. Respondent SHALL file an answer, motion, or other responsive pleading within fifty-six days after se rvice of this Order. Respondent should address any facts that would establish whether Petitioners claim is untimely or procedurally barred. In addition, Respondent should address the merits of Petitioners claims and otherwise fully comply with Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner MAY file a reply to Respondents response within twenty-eight days of being served with the response. Petitioner SHALL serve upon Respondent a copy of every further pleading or other document submitted for consideration by the Court. See full Order & Opinion attached.(RK, ilcd)

Date Filed

Document Text

October 10, 2017

Filing 13 ORDER & OPINION entered by Judge Joe Billy McDade on 10/10/2017. For the reasons stated above, Petitioner's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Doc. 1) is GRANTED. IT IS THEREFORE ORDERED: 1) Petitioner's P etition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241is GRANTED; 2) Petitioner's armed career criminal enhanced sentence imposed by the Northern District of Illinois in Case No. 1:08-cr-01055 is VACATED;3) Respondent SHALL deliver Petitioner to the Northern District of Illinois for resentencing; 4) The Clerk is DIRECTED to enter Final Judgment hereon. CASE TERMINATED. See full written Order & Opinion.(VH, ilcd)

September 13, 2016

Filing 4 ORDER & OPINION entered by Judge Joe Billy McDade on 9/13/2016. Petitioners Motion to Proceed in forma pauperis 2 is GRANTED. Petitioner is excused from pre-paying the full $5.00 filing fee, but SHALL pay a partial filing fee of $1.40. If , at the time the trust fund department at Petitioners institution receives this Order, Petitioner does not have that much money in his account, the trust fund department shall send 20% of Petitioners current balance. Thereafter, each time the b alance in Petitioners account exceeds $10.00, Petitioners custodian shall forward to the Clerk, in monthly payments, 20% of the preceding months income credited to Petitioners account, until the $1.40 filing fee is paid. The Clerk SHAL L serve a copy of the Petition 1 upon Respondent pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. Respondent SHALL file an answer, motion, or other responsive pleading within fifty-six days after se rvice of this Order. Respondent should address any facts that would establish whether Petitioners claim is untimely or procedurally barred. In addition, Respondent should address the merits of Petitioners claims and otherwise fully comply with Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner MAY file a reply to Respondents response within twenty-eight days of being served with the response. Petitioner SHALL serve upon Respondent a copy of every further pleading or other document submitted for consideration by the Court. See full Order & Opinion attached.(RK, ilcd)

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Petitioner: Joseph . Burton
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Respondent: Jeffery E Krueger
Represented By:	Bradley W Murphy(Designation Assistant US Attorney)
Represented By:	Segev Phillips
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