Powers v. Kruger
| Robert Lee Powers |
| J E Kruger |
| 1:2019cv01386 |
| December 3, 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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This docket was last retrieved on January 6, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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TEXT ORDER entered by Judge Joe Billy McDade on 1/6/2019. Petitioner currently has an appeal pending in the Seventh Circuit Court of Appeals, Powers v. Kallis, No. 17-1889 (7th Cir.). In that case, Petitioner has filed a motion which is virtually identical to his Petition in this case. See No. 17-1889, Doc. 15. Because the issue raised in the Petition could be mooted by resolution of the motion pending before the Seventh Circuit, the Court will stay this proceeding until such time as the Seventh Circuit has resolved that motion. (JR, ilcd)
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| Filing fee received: $5.00, receipt number 14626036001 (JRK, ilcd) |
| Filing 3 PETITION for Writ of Habeas Corpus in Accordance with 28 USC Section 2241, filed by Robert Lee Powers. (Attachments: #1 Request for Withdrawal of Inmate's Personal Funds)(RK, ilcd) |
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TEXT ORDER entered by Judge Joe Billy McDade on 12/20/2019. Petitioner has filed a Second Amended Petition for Writ of Habeas Corpus #3 . The Clerk is directed to terminate Petitioner's Original Petition #1 and First Amended Petition #2 , as the Second Amended Petition is the operative pleading. The Court will conduct the requisite merit review once it has received Petitioner's filing fee. (EWL, ilcd)
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| Filing 2 STRICKEN PER TEXT ORDER OF 12/10/2019 - PETITION for Writ of Habeas Corpus in Accordance with 28 USC Section 2241, filed by Robert Lee Powers.(RK, ilcd) Modified on 12/10/2019 to strike (RK, ilcd). |
| Set/Reset Deadlines/Hearings: Amended Pleadings due by 1/8/2020. (RK, ilcd) |
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TEXT ORDER entered by Judge Joe Billy McDade on 12/10/2019. On 12/3/2019, the Court struck Petitioner's Petition because it lacked his signature, which is required by Federal Rule of Civil Procedure 11(a). Petitioner has refiled his Petition but it still lacks the requisite signature. The Court will allow Petitioner one more opportunity to file a signed Petition. If Petitioner fails to file a signed petition within 28 days of the date of this Text Order, this case will be dismissed for want of prosecution. Petitioner is again directed to Local Rule 5.11(A), which requires signatures to be redacted or electronic for privacy reasons; Petitioner should, therefore, type "s/ Robert Powers" on the signature lines to reflect his electronic signature. Petitioner's deadline to either pay the $5 filing fee or seek leave to proceed in forma pauperis is extended to reflect his new filing deadline; he must either pay the $5 filing fee or seek leave to proceed in forma pauperis by 1/8/2020, else this case will be dismissed for want of prosecution. The Clerk is directed to mail Petitioner a copy of the docket. (EWL, ilcd)
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TEXT ORDER entered by Judge Joe Billy McDade on 12/10/2019. Petitioner's Petition #2 is STRICKEN from the record because it lacks the requisite signature under Federal Rule of Civil Procedure 11(a). (EWL, ilcd)
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| Set Deadline: Amended Pleadings due by 1/1/2020. Deficiencies to be remedied by 1/1/2020. (VH, ilcd) |
| Set/Reset Deadlines: Miscellaneous Deadline 1/6/2020 (RK, ilcd) |
| Filing 1 STRICKEN PER TEXT ORDER OF 12/3/2019 - PETITION for Writ of Habeas Corpus Pursuant to 28 USC Section 2241, filed by Robert Lee Powers.(RK, ilcd) Modified on 12/4/2019 to strike (RK, ilcd). |
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TEXT ORDER entered by Judge Joe Billy McDade on 12/3/2019. The Court notes Petitioner failed to sign his Petition #1 and failed to sign and date the certificate of service attached to his Petition. Federal Rule of Civil Procedure 11(a) requires every "pleading, written motion, and other paper" be signed by the party submitting the document if that party is acting pro se. And Local Rule 5.3(C) states the requirements for the requisite certificate of service. The Petition is STRICKEN from the record due to these deficiencies, and Petitioner is ORDERED to refile his Petition with his signature and a proper certificate of service within twenty-eight (28) days of the date of this Order, lest this case be dismissed for want of prosecution. Petitioner is also directed to Local Rule 5.11(A), which requires signatures be redacted or electronic for privacy reasons; Petitioner should therefore type "s/ Robert Powers" on the signature lines to reflect his electronic signature. The Court further notes Petitioner has neither submitted the $5 filing fee nor sought leave 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. (EWL, ilcd)
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| Petitioner: Robert Lee Powers | |
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| Respondent: J E Kruger | |
| Represented By: | Greggory R Walters |
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