Espinoza v. FCI Pekin
| Robert A Espinoza |
| FCI Pekin |
| 1:2021cv01019 |
| January 13, 2021 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on March 1, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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TEXT ORDER: Petitioner has filed an Amended Motion for Reconsideration #6 seeking reconsideration of the Courts February 8, 2021 Order summarily dismissing Petitioners claim. The Court received Petitioners Amended Motion after already deciding Petitioners original motion for reconsideration. See Order #5 . Petitioner's Amended Motion argues that the Court's decision to dismiss his petition as an abuse of the writ and pursuant to 28 U.S.C. 2255(e) was incorrect because those procedural barriers should be excused because he is actually innocent of his 924(c) conviction. However, as explained in the Court's two previous orders, the district court in Petitioner's successive 2255 proceedings already addressed his claims on the merits and found against him. That Petitioner vehemently disagrees with the result does not change the fact that the claim was addressed on the merits. Petitioner is not entitled to another collateral attack on the same claim when the law has not changed in his favor. His Amended Motion for Reconsideration #6 is DENIED. Entered by Judge James E. Shadid on 3/1/2021. (AH, ilcd)
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| Filing 6 AMENDED MOTION for Reconsideration re #2 Order Dismissing Case, by Petitioner Robert A Espinoza. Responses due by 3/9/2021 (AH, ilcd) |
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Filing 5
ORDER denying #4 Motion for Reconsideration. Entered by Judge James E. Shadid on 2/23/2021. (AH, ilcd)
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| Filing 4 MOTION for Reconsideration re #2 Order Dismissing Case, by Petitioner Robert A Espinoza. Responses due by 3/4/2021 (AH, ilcd) |
| Filing 3 JUDGMENT entered. (AH, ilcd) |
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Filing 2
ORDER Entered by Judge James E. Shadid on 02/08/2021. For the reasons stated above, Petitioners Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 #1 is SUMMARILY DISMISSED with prejudice as an abuse of the writ and pursuant to 28 U.S.C. 2255(e). This case is CLOSED. (AH,ilcd)
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| Filing fee: $ 5.00, receipt number 14626039690 (FDS, ilcd) |
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TEXT ORDER entered by Judge James E. Shadid on 1/19/2021. Petitioner has filed a Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 but has not paid the $5 filing fee. 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 February 19, 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.(JS, ilcd)
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| Filing 1 PETITION for Writ of Habeas Corpus (2241) filed by Robert A Espinoza.(FDS, ilcd) |
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| Petitioner: Robert A Espinoza | |
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| Respondent: FCI Pekin | |
| Represented By: | W. Scott Simpson |
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