Sewell v. Entzel
| Jimmy L Sewell |
| Entzel |
| 1:2020cv01321 |
| September 10, 2020 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 3 AMENDED PETITION for Writ of Habeas Corpus filed by Jimmy L Sewell. (Attachments: #1 exhibits)(SKR, ilcd) |
TEXT ORDER Entered by Judge Colin Stirling Bruce on 10/6/20. Petitioner has filed a Petition for Writ of Habeas Corpus under 28 U.S.C. Section 2241 #1 , raising claims that the sentencing court erroneously applied the Section 851 sentencing enhancement. However, a review of the docket in his criminal case in the Northern District of Indiana, 07-cr-00053, reveals that Petitioner has brought this same claim in a motion to vacate under 28 U.S.C. Section 2255, to which the government has already been ordered to respond. Pursuing the identical claim under 2255 and 2241 simultaneously could result in unnecessary and potentially duplicative litigation. However, rather than dismiss his 2241 petition, which may provide an alternative basis for collateral review if the sentencing court finds it cannot address his claim on the merits within 2255, the Court STAYS this proceeding, pending the outcome of Petitioner's 2255 motion. Petitioner is ORDERED to update the Court within 60 days of a final order in his 2255 proceedings. ( Other Deadline set for 12/4/2020.) (SKR, ilcd)
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| Filing fee: $5.00, receipt number 14626038501. (JS, ilcd) |
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 9/11/20 directing the Petitioner to pay the filing fee of $5.00 within 30 days of this Order. If Petitioner is unable to pay the required filing fee, he may file a Motion for Leave to Proceed in Forma Pauperis. If Petitioner fails to pay the requiredfiling fee or file a Motion for Leave to Proceed in Forma Pauperis within 30 days, his Petition under 28 U.S.C. Section 2241 for Writ of Habeas #1 will be dismissed without prejudice by this court. ( Miscellaneous Deadline 10/9/2020)(SKR, ilcd)
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| Filing 2 MOTION to Request Counsel by Petitioner Jimmy L Sewell. Responses due by 9/25/2020 (SKR, ilcd) Modified on 9/11/2020 to correct filing date (SKR, ilcd). |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Jimmy L Sewell. (Attachments: #1 Memorandum in Support, #2 Exhibits)(SKR, ilcd) Modified on 9/11/2020 to correct filing date(SKR, ilcd). |
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| Petitioner: Jimmy L Sewell | |
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| Respondent: Entzel | |
| Represented By: | W. Scott Simpson |
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