Alexander v. Entzel
| Alex Alexander |
| Frederick Entzel |
| 1:2019cv01301 |
| September 11, 2019 |
| 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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| Set/Reset Deadlines: Amended Pleadings due by 11/21/2019. (JS, ilcd) |
TEXT ORDER denying leave to file entered by Judge Joe B. McDade on 10/31/2019. Petitioner has requested leave to file an amended petition, but failed to attach the proposed amended petition to his motion, as required by Central District of Illinois Local Rule 7.1(F); his request must therefore be denied. Petitioner may refile his motion with the proposed Second Amended Petition attached. In order to avoid prejudice to Respondent, Respondent's deadline to file an answer to the First Amended Petition will be stayed until Petitioner either renews his request and receives the Court's assent to amend his petition or files a notice that he is declining to do so; either filing should be made within 21 days of the date of this Order. Petitioner is cautioned that further attempts to amend the Petition a third time may be scrutinized more closely if he seeks to offer amendments could have been added to the petition earlier; he should accordingly ensure all theories on which he wishes to proceed at the current time are contained within his proposed Second Amended Petition. (JR, ilcd)
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| Filing 8 Rule 15(a) MOTION to Amend #1 PETITION for Writ of Habeas Corpus by Petitioner Alex Alexander. Responses due by 11/13/2019 (RK, ilcd) |
| Filing 7 AMENDED PETITION for Writ of Habeas Corpus, filed by Alex Alexander.(JRK, ilcd) |
| Filing 6 CERTIFICATE of Service. (Simpson, W.) |
| Filing 5 MOTION to Withdraw Appearance of Greggory R. Walters as Counsel for Respondent by Respondent Frederick Entzel. Responses due by 10/30/2019 (Simpson, W.) |
| Filing 4 NOTICE of Appearance of Attorney by W. Scott Simpson on behalf of Frederick Entzel (Simpson, W.) |
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TEXT ORDER granting #5 Motion to Withdraw as Attorney entered by Judge Joe Billy McDade on 10/16/2019. Attorney Greggory R. Walters is terminated as counsel in this matter. (JR, ilcd)
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TEXT ORDER granting #3 Petitioner's Motion for Leave to Amend entered by Judge Joe Billy McDade on 10/16/2019. The Clerk is requested to file the Amended Petition docketed as 3-1 as a First Amended Petition; Petitioner does not need to take further action in connection with the request to amend. Pursuant to the Rules Governing Section 2254 Cases in the United States District Courts (as applied to Section 2241 motions, see Rule 1(b)), the Court finds it does not plainly appear from the face of the tendered First Amended Petition that Petitioner is not entitled to relief. The deadline for response is reset: 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. (JR, ilcd)
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| Filing 3 MOTION for Leave Amend by Petitioner Alex Alexander. Responses due by 10/29/2019 (Attachments: #1 Amended Petition)(JRK, ilcd) |
| Filing 2 ACKNOWLEDGEMENT OF SERVICE Executed upon Warden of FCI Pekin as to Text Order. (RK, ilcd) |
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TEXT ORDER entered by Judge Joe Billy McDade on 10/1/2019. Petitioner has filed a Petition for a Writ of Habeas Corpus Pursuant to 18 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 motions, see Rule 1(b)), the Court finds it does not plainly appear from the face of the Petition that Petitioner is not entitled to relief. 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. (JR, ilcd)
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| Set/Reset Deadlines/Hearings as to #1 PETITION for Writ of Habeas Corpus. Responses due by 11/12/2019. (RK, ilcd) |
| Filing fee: $5.00, receipt number 14626035346. (VH, ilcd) |
| Filing 1 PETITION for Writ of Habeas Corpus Pursuant to 28 USC Section 2241, filed by Alex Alexander.(RK, ilcd) |
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TEXT ORDER entered by Judge Joe Billy McDade on 9/11/2019. The Court notes Petitioner has neither paid the applicable $5.00 filing fee nor submitted a motion to proceed in forma pauperis. The Court will postpone its requisite Rule 4 assessment of this Petition until Petitioner has either paid the filing fee or filed a motion to proceed in forma pauperis. If Petitioner does not either pay the filing fee or file a motion to proceed in forma pauperis within twenty-eight (28) days of the date of this Text Order, his Petition will be dismissed for failure to prosecute. (JR, ilcd)
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| Set/Reset Deadlines: Deficiencies to be remedied by 10/9/2019. (RK, ilcd) |
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| Respondent: Frederick Entzel | |
| Represented By: | Greggory R Walters |
| Represented By: | W. Scott Simpson |
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| Petitioner: Alex Alexander | |
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