Howliet v. Kallis
| Gerald Howliet |
| Steve Kallis |
| 1:2018cv01407 |
| November 7, 2018 |
| US District Court for the Central District of Illinois |
| Joe Billy McDade |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on December 19, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 +++ SEALED DOCUMENT.. (Klein, Kimberly) |
| Filing 4 MOTION to Seal Presentence Report by Respondent Steve Kallis. Responses due by 1/2/2019 (Klein, Kimberly) |
| Filing 3 RESPONSE to Motion re #1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.) filed by Respondent Steve Kallis. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Klein, Kimberly) |
TEXT ORDER granting #4 Motion to File Presentence Report Under Seal entered by Judge Joe Billy McDade on 12/19/2018. Presentence investigation reports are confidential documents created by the United States Probation Office in order to assist a judge in crafting appropriate sentences. United States Dep't of Justice v. Julian, 486 U.S. 1, 12 (1988). These reports contain highly sensitive and personal information about defendants. As such, courts very rarely allow third parties to access them. As several courts have recognized, allowing the disclosure of presentence investigation reports has a chilling effect on the willingness of a defendant and other contributing sources to supply useful information to the probation officer compiling the report. E.g., Julian, 486 U.S. at 12. Given 1) the nature of the document sought to be sealed and 2) that no party has presented the Court with a compelling, particularized need for access to the report, see United States v. Corbitt, (879 F.2d 224, 228-40 (7th Cir. 1982)), the Court hereby grants the motion to seal presentence report. (JR, ilcd)
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| Filing 2 ACKNOWLEDGEMENT OF SERVICE Executed by Respondent Steve Kallis and U.S. Attorney's Office. (SAG, ilcd) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $5.00, receipt #14626033179), filed by Gerald Howliet.(SAG, ilcd) |
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TEXT ORDER: Petitioner has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 (Doc. 1). Pursuant to the Rules Governing Section 2254 Cases in the United States District Courts (as applied to Section 2241 Petitions, see Rule 1(b)), the Court finds that it does not plainly appear from the face of the Petition that the Petitioner is not entitled to relief in the district court. The Clerk SHALL serve a copy of the Petition (Doc. 1) upon the Respondent. Respondent SHALL file an answer, motion, or other responsive pleading within forty-two (42) days of the entry of this Text Order. Respondent should address any facts which would establish whether Petitioner's claims are untimely or procedurally barred. In addition, Respondent should address the merits of Petitioner's claims and otherwise fully comply with Rule 5(b) of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner MAY file a reply to Respondent's response within twenty-one (21) days of being served with the response. Petitioner SHALL serve upon the United States Attorney's Office a copy of every further pleading or other document submitted for consideration by the Court. So Ordered. Entered by Judge Joe Billy McDade on 11/07/2018. (JR, ilcd)
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| Respondent: Steve Kallis | |
| Represented By: | Kimberly A Klein |
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| Petitioner: Gerald Howliet | |
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