Antonio D. Crawford v. United States of America
| Antonio D Crawford |
| United States of America |
| 1:2019cv01152 |
| May 3, 2019 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| James E Shadid |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 12 MOTION for Protective Order/Notice to Admit Evidence by Petitioner Antonio D Crawford. Responses due by 7/5/2019 (VH, ilcd) |
Filing 11
ORDER entered by Judge James E. Shadid on 6/18/2019. For the reasons set forth above, Petitioner's Motion to Transfer (Doc. 8) and Motion for Leave to Proceed in forma pauperis (Doc. 9) are DENIED. Petitioner is directed to pay the filing fee of $5.00 by July 12, 2019. If Petitioner fails to pay the required filing fee by July 12, 2019, his claims brought under 28 U.S.C. 2241 will be dismissed without prejudice by this court. See full written Order. (VH, ilcd)
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| Filing 10 +++ PRISONER TRUST FUND LEDGER by Antonio D Crawford (VH, ilcd) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis by Petitioner Antonio D Crawford. Responses due by 6/28/2019 (VH, ilcd) |
| Filing 8 MOTION for an Federal Civ. Crim. Procedure Rule 28 455 (a)(1)...Motion to Transfer Application(Writ) to U.S. District Court of California... by Petitioner Antonio D Crawford. Responses due by 6/24/2019 (VH, ilcd) |
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Filing 7
ORDER Entered by United States District Judge James E. Shadid on 06/04/2019. Petitioner's Motion (Doc. #6 ) is DENIED. Petitioner's deadline to pay the $5 filing fee or provide the Court with a signed Application to Proceed in District Court Without Prepaying Fees or Costs that also includes a copy of his trust fund ledger, certified by the appropriate institutional officer, showing all receipts, expenditures and balances for the last six months is EXTENDED to on or before June 28, 2019. SEE WRITTEN ORDER. (DM, ilcd)
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TEXT ORDER: Petitioner has filed a hybrid petition (Doc. #1 ) pursuant to both 28 U.S.C. 2255 and 2241. Petitioner claims that he found an error in his presentence report "that led to a high, incorrect, sentencing range" in his sentence and that his sentence is void because the sentencing judge had a conflict, which are properly brought in a 2255 motion. He also claims that the Bureau of Prisons is refusing to give him credit for time served on his state court convictions, which is properly brought under 2241. See Romandine v. United States, 206 F.3d 731, 736 (7th Cir. 2000) (holding challenges to the BOP's sentencing calculation are properly brought in a 2241 petition). Petitioner initially filed this matter in the District Court for the District of Central California and that court transferred the matter here. As Petitioner is incarcerated in this district, his 2241 claims are properly brought here and can be addressed by this Court. See Rumsfield v. Padilla, 542 U.S. 426, 434 (2004). His 2255 claim is properly brought in this district as well, as the sentence Petitioner challenges was imposed in this district, but should be before the judge which imposed his sentence, Judge James Shadid. See 28 U.S.C. 2255(a) (A prisoner "may move the court which imposed the sentence to vacate, set aside or correct the sentence"); Rule 4(a) of the Rules Governing Section 2255 Proceedings for the United States District Courts ("The clerk must promptly forward the motion to the judge who conducted the trial and imposed sentence"). Since Petitioner chose to file a hybrid petition, the Court will transfer the entire matter to Judge Shadid, who can preside over all of the claims. Accordingly, the Court DIRECTS the Clerk to transfer this matter to Judge Shadid and file it in accordance with the procedures under Rule 3 of the Rules Governing Section 2255 Proceedings for the United States District Courts. Entered by Judge Sue E. Myerscough on 06/04/2019. (DM, ilcd)
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| Filing 6 MOTION for Summary Judgment by Petitioner Antonio D Crawford. Responses due by 6/19/2019. (DM, ilcd) |
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TEXT ORDER: Petitioner has filed a Petition for Habeas Corpus Pursuant to 28 U.S.C. 2241, but has not paid the $5 filing fee. Petitioner is directed to either pay the $5 filing fee or provide the Court with a signed Application to Proceed in District Court Without Prepaying Fees or Costs that also includes a copy of his trust fund ledger, certified by the appropriate institutional officer, showing all receipts, expenditures and balances for the last six months. Petitioner shall do so on or before June 7, 2019 or the Court will dismiss the case without prejudice for failure to pay the filing fee. Entered by Judge Sue E. Myerscough on 05/09/2019. (DM, ilcd)
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| Filing 5 Case transferred in from District of California Central; Case Number 2:19-cv-03545. . |
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Filing 4
ORDER TRANSFERRING ACTION TO THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS by Magistrate Judge Paul L. Abrams. Petitioner also filed a Motion for Defendants to Produce Documents ("Motion"). (ECF No. 2). Because venue is not appropriate in this district and the entire action is being transferred to the Central District of Illinois, the Court DENIES that Motion without prejudice to re-filing it in the Central District of Illinois. It ishereby ordered that this action, in its entirety, is transferred to the United States District Court for the Central District of Illinois.3 28 U.S.C. 1406(a). IT IS FURTHER ORDERED that the Clerk of this Court effect such transfer and serve a copy of this Order upon petitioner. SEE ORDER FOR DETAILS. Case transferred electronically. (MD JS-6. Case Terminated.) (ch)
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| Filing 3 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge James V. Selna and referred to Magistrate Judge Paul L. Abrams, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (Attachments: #1 CV111 Notice Re Discrepancies in Filing of Habeas Corpus Petition) (car) |
| Filing 2 MOTION For Defendants to Produce Documents filed by Petitioner Antonio D. Crawford. (car) Modified on 5/1/2019 (car). |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge James V. Selna and referred to Magistrate Judge Paul L Abrams.(Filing fee $ 5 FEE DUE), filed by Petitioner Antonio D. Crawford. (car) Modified on 5/1/2019 (car). |
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| Petitioner: Antonio D Crawford | |
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| Respondent: United States of America | |
| Represented By: | Greggory R Walters |
| Represented By: | Assistant 2241-194 US Attorney LA-CV |
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