Kuhnke v. United States of America
| Tyler A Kuhnke |
| Fredrick Entzel and United States of America |
| 1:2020cv01346 |
| October 7, 2020 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on November 12, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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TEXT ORDER: Petitioner's Motion for an extension of time to pay the filing fee is #2 is GRANTED. Petitioner shall pay the filing fee on or before December 14, 2020, and is reminded that if he fails to pay the filing fee the Court will dismiss his case without prejudice. Petitioner has also requested information for how acquaintances of Petitioner may call and pay the filing fee. Petitioner is informed that they can call the Clerk's Office in Springfield, Illinois at 217-492-4020. The Clerk's Office is open from 8:00 a.m. until 5:00 p.m., Central Time, Monday through Friday. Entered by Judge Sue E. Myerscough on 11/12/2020. (MJC, ilcd)
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| Filing 2 MOTION for Extension of Time to Pay Filing Fee by Petitioner Tyler A Kuhnke. Responses due by 11/20/2020. (GL, ilcd) |
| Case Assigned to Magistrate Judge Tom Schanzle-Haskins. (GL, ilcd) |
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TEXT ORDER: Petitioner has filed a Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241. Petitioner has failed to name the correct respondent and has failed to pay the filing fee. In a conventional habeas action challenging physical confinement, "there is generally only one proper respondent"the "person who has the immediate custody of the party detained, with the power to produce the body of such party before the court or judge." Rumsfeld v. Padilla, 542 U.S. 426, 43435, 124 S.Ct. 2711 (2004). Petitioner is confined at FCI Pekin. Therefore, the correct respondent is Warden Fredrick Entzel. The Clerk is DIRECTED to add Warden Fredrick Entzel as Respondent and remove the United States. Additionally, Petitioner is DIRECTED to either pay the $5 filing fee or provide 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. Petitioner shall do so on or before November 13, 2020, 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. Entered by Judge Sue E. Myerscough on 10/9/2020. (GL, ilcd)
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Tyler A Kuhnke.(GL, ilcd) |
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