Turner v. Entzel
| Cody Eugene Turner |
| Frederick Entzel |
| 1:2019cv01363 |
| November 8, 2019 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
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| Document Text |
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| Filing 4 JUDGMENT IN A CIVIL CASE. (JS, ilcd) |
Filing 3
ORDER entered by Judge James E. Shadid on 11/26/2019. The Court DISMISSES Petitioner Cody Eugene Turner's Petition for Writ of habeas corpus under 28 U.S.C. 2241 (Doc. 1) pursuant to 28 U.S.C. 2255(e). This case is CLOSED. SEE FULL WRITTEN ORDER. (JS, ilcd)
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| Filing fee: $5.00, receipt number 14626035758. (JS, ilcd) |
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TEXT ORDER Entered by Judge James E. Shadid on 11/12/19: Petitioner has filed a Petition for Habeas Corpus Pursuant to 28 U.S.C. 2241 but has not paid the filing fee. However, the Court notes that Petitioner's Petition seeks to collaterally attack his conviction or sentence, which is generally permissible only under 28 U.S.C. 2255. Petitioner has not previously filed a Motion under 2255. Should Petitioner wish to convert his petition to a Motion under 28 U.S.C. 2255, no filing fee is needed for such a motion. Pursuant to Castro v. United States, 540 U.S. 375, 383 (2003), Petitioner is advised that, should he request that his Petition be recharacterized as a motion brought pursuant to 2255, any subsequently filed 2255 motion would be subject to the limitations against second or successive motions, as detailed in 2255(h). Accordingly, Petitioner is DIRECTED to either: (1) proceed with his 2241 petition by paying the $5.00 filing fee or providing 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; or (2) notify the Court that he wishes to convert his petition to a motion under 2255. Petitioner shall do so on or before December 12, 2019, or the Court will dismiss the case without prejudice for failure to pay the filing fee. The Clerk is directed to send Petitioner a copy of the forms for proceeding in forma pauperis and a 2255 packet.. (TK, ilcd)
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| Filing 2 MEMORANDUM re #1 PETITION for Writ of Habeas Corpus by Cody Eugene Turner. (JS, ilcd) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Cody Eugene Turner.(JS, ilcd) |
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| Respondent: Frederick Entzel | |
| Represented By: | Greggory R Walters |
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| Petitioner: Cody Eugene Turner | |
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