Nichols v. Kennedy
Petitioner: Demetrius H Nichols
Respondent: Teri Kennedy
Undetermined: Habeas Attorney General
Case Number: 1:2019cv01024
Filed: January 22, 2019
Court: US District Court for the Central District of Illinois
Presiding Judge: Michael M Mihm
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 27, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 27, 2019 Opinion or Order TEXT ORDER: DENYING #7 , Petitioner's Motion to Request Counsel. Although Petitioner has no absolute right to counsel in a civil proceeding, See Merritt v. Faulkner, 697 F.2d 761, 763 (7th Cir. 1983), he asks the Court to exercise its discretion to appoint counsel. After considering the factors set forth in Merritt, the Court concludes that appointment of counsel is not warranted in this action at this time. Not only has judgment already been entered in this matter (D. #3 ), the Petitioner has neither demonstrated that he made a reasonable attempt to retain private counsel nor alleged any physical or mental disability which might preclude him from adequately investigating the facts giving rise to his Petition. See Merritt, 697 F.2d at 765. Accordingly, Petitioner's Motion to Request Counsel is DENIED. Entered by Senior Judge Michael M. Mihm on 2/27/19. (RT, ilcd)
February 27, 2019 Opinion or Order TEXT ORDER: The Court is in receipt of #6 , the Petitioner's most recent filing in this case. In what he captions a Motion, the Petitioner alleges the Court erred in dismissing his case and seeks information from the Court regarding the counties which it covers, complaining that this matter should not have been filed in the Peoria division. (D. #6 at pg. 3). He concedes that the case was "alleged within" Pontiac Correctional Center, located in Livingston County. Id. The Court GRANTS the Motion, highlighting for the Petitioner that pursuant to Local Rule 40.1(A), "[a]ll complaints and subsequent filings in cases which arise from" inter alia, Livingston County, "will be filed at PEORIA, ILLINOIS." The Court declines to grant any further relief stemming from this Motion. Entered by Senior Judge Michael M. Mihm on 2/27/2019.
February 25, 2019 Filing 7 MOTION for Appointment of Counsel by Petitioner Demetrius H Nichols. Responses due by 3/11/2019 (JS, ilcd)
February 25, 2019 Filing 6 MOTION for Reconsideration re 2/12/2019 Text Order by Petitioner Demetrius H Nichols. Responses due by 3/11/2019 (JS, ilcd)
February 19, 2019 Filing 5 Letter from Demetrius H Nichols. (JS, ilcd)
February 19, 2019 Opinion or Order TEXT ORDER entered by Senior Judge Michael M. Mihm on 2/19/2019. The Court is in receipt of #4 , the Petitioner's most recent filing in this case. The Clerk is directed to SEAL the Petitioner's filing because it contains his date of birth and Social Security number on pages 1 and 8. Pursuant to Federal Rule of Civil Procedure 5.2 and Local Rule 5.11, the Clerk is directed to file a REDACTED version of the document. The Petitioner is hereby warned that future filings containing confidential information will be struck from the docket and he will be directed to file his own redacted versions. All future filings must fully comply with Federal Rule of Civil Procedure 5.2 and Local Rule 5.11. The Court also notes that it is unable to ascertain what relief the Petitioner is seeking with the current filing. As such, the Court will not take any action regarding it. The Clerk is DIRECTED to mail a copy of this text order to the Petitioner. (JS, ilcd)
February 15, 2019 Filing 4 Letter from Demetrius H Nichols. (JS, ilcd)
February 13, 2019 Filing 3 JUDGMENT entered in a civil case (SAG, ilcd)
February 12, 2019 Opinion or Order TEXT ORDER entered by Senior Judge Michael M. Mihm on 2/12/2019: The Court is in receipt of #1 , Petitioner's 2254 Petition. The Petitioner's filing is a successive 2254 Petition. He already filed a 2254 Petition on 7/9/2018 (See Case No. 18-CV-1248). Rule 9 of the Rules Governing Section 2254 Proceedings states that "[b]efore presenting a second or successive petition, the petitioner must obtain an order from the appropriate court of appeals authorizing the district court to consider the petition as required by 28 U.S.C. 2244(b)(3) and (4)." The Court has no such order from the Seventh Circuit Court of Appeals. Accordingly, the Court DISMISSES #1 , the Petitioner's 2254 Petition. This matter is hereby terminated. (RT, ilcd)
February 6, 2019 Filing fee paid: $5, receipt number 24626008423. (TC, ilcd)
January 25, 2019 Filing 2 Remark: Per Text Order entered 1/23/19, Petition to Proceed In Forma Pauperis forms sent to pro se plaintiff via prisoner scanning program. (TK, ilcd)
January 23, 2019 Opinion or Order TEXT ORDER entered by Senior Judge Michael M. Mihm on 1/23/2019: Petitioner has filed a Petition for Writ of Habeas Corpus, but has not paid the $5 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order (by 2/14/2019), Petitioner must pay the $5 filing fee in full or file a petition to proceed in forma pauperis. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Petitioner will still be responsible for payment of the filing fee. See 28 U.S.C. 1914. The Clerk is directed to send Petitioner a copy of this text order and the forms for proceeding in forma pauperis. (RT, ilcd)
January 22, 2019 Filing 1 PETITION for Writ of Habeas Corpus filed by Demetrius H Nichols. (Attachments: #1 Subpoena)(FDS, ilcd)

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Undetermined: Habeas Attorney General
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Petitioner: Demetrius H Nichols
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Respondent: Teri Kennedy
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