Sturgeon v. Austin
| David M. Sturgeon and David M Sturgeon |
| Glen Austin |
| Habeas Attorney General |
| 1:2020cv01211 |
| June 1, 2020 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Filing 7 +++ PRISONER TRUST FUND LEDGER. by David M Sturgeon (SKR, ilcd) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Petitioner David M Sturgeon. Responses due by 6/25/2020 (SKR, ilcd) |
Filing 5
TEXT ORDER entered by Judge Colin S. Bruce on 6/4/20. On June 1, 2020, this case was transferred in from the Southern District of Illinois. Due to this transfer, all mail should now be sent to: Clerks Office, U.S. District Court, 201 S. Vine St., Urbana, IL 61802. Within 30 days of the entry of this Order, Petitioner remains required to either: (1) pay the $5.00 filing fee, or (2) file a motion to proceed without prepayment of the filing fee. If filing a motion to proceed without prepayment of the filing fee, Petitioner must file the required trust fund ledger from his correctional institution showing he is not financially able to pay the $5.00 fee. Failure to pay the filing fee or to submit the motion to proceed without prepayment of the filing fee by the deadline will result in the dismissal of this case without prejudice. (Miscellaneous Deadline set for 7/6/20.) (TC, ilcd) Modified on 6/4/20. Clerk attached App to Proceed IFP and regenerated for Plaintiff (TC, ilcd).
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| Filing 4 Case transferred in from District of Illinois Southern; Case Number 3:20-cv-00491. . |
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Filing 3
ORDER TRANSFERRING CASE TO OTHER DISTRICT: Petitioner David Sturgeon is an inmate in the custody of the Illinois Department of Corrections, being held at Graham Correctional Center. He filed this habeas corpus petition pursuant to 28 U.S.C. 2254, asserting actual innocence. (Doc. #1 ). Venue for a Section 2254 petition lies in "the district wherein such person is in custody or in the district court for the district within which the State court was held which convicted and sentenced him[.]" 28 U.S.C. 2241(d). Sturgeon was convicted in Woodford County, Illinois (Case Number 16-CFE-119) and is being held in Montgomery County, Illinoisboth of which lie in the Central District of Illinois. As such, the United States District Court for the Central District of Illinois is the proper venue for this habeas action, and the case is hereby TRANSFERRED to the United States District Court for the Central District of Illinois for such further proceedings as that Court may deem appropriate.. Signed by Judge Staci M. Yandle on 5/29/2020. (bps) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 2
NOTICE AND ORDER: The Court has received your Petition for Writ of Habeas Corpus. Your case number is 20-cv-491-SMY. Within 30 days of the entry of this Order, you are ORDERED to submit the $5.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge Staci M. Yandle on 5/28/2020. (jsm2)
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by David M. Sturgeon.(jsm2) |
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