Spires v. United States of America
| Ambrose Rayshawn Spires |
| United States of America and Frederick Entzel |
| 1:2021cv01051 |
| February 5, 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 25, 2021. A more recent docket listing may be available from PACER.
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ORDER TEXT Entered by Judge James E. Shadid on 3/25/2021.Respondents Motion #5 for leave to file the Petitioners Presentence Investigation Report under seal is GRANTED for the reasons explained in the motion. Document #6 shall remain under seal. (AEM)
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| Filing 6 +++ SEALED DOCUMENT.. (Hodges, Grant) |
| Filing 5 MOTION for Leave to File Document Under Seal by Respondent Frederick Entzel. Responses due by 4/2/2021 (Hodges, Grant) |
| Filing 4 RESPONSE to Motion re #1 PETITION for Writ of Habeas Corpus filed by Respondent Frederick Entzel. (Attachments: #1 Appendix)(Hodges, Grant) |
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TEXT ORDER: Respondent's Motion to Substitute Attorney #3 is GRANTED. W. Scott Simpson is replaced by Grant T. Hodges as counsel of record for Respondent. Entered by Judge James E. Shadid on 3/5/2021. (TK)
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| Filing 3 MOTION to Substitute Attorney, W. Scott Simpson to be replaced by Grant T. Hodges, by Respondent Frederick Entzel. Responses due by 3/17/2021 (Hodges, Grant) |
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Filing 2
ORDER entered by Judge James E. Shadid on 3/2/21. Respondent shall file an answer, motion, or other response to the Amended Petition, within twenty-one (21) days after service of this Order. SEE FULL WRITTEN ORDER. (FDS)
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| Habeas Filing fee: $ 5.00, receipt number 14626039991 (AEM) |
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TEXT ORDER Entered by Judge James E. Shadid on 2/9/2021. Petitioner has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 but has not named the correct respondent. A 2241 Petition must be directed to the person having custody of the person detained, 28 U.S.C. 2243, which is the person having a day-to-day control over the prisoner. Robledo-Gonzales v. Ashcroft, 342 F.3d 667, 673 (7th Cir. 2003); see also, Rumsfeld v. Padilla, 542 U.S. 426, 435, 442 (2004); Wyatt v. United States, 574 F.3d 455, 45960 (7th Cir. 2009). Petitioner named the United States as Respondent, but the United States is not a person. Petitioner is incarcerated at FCI Pekin and the correct respondent is the Warden of FCI Pekin Accordingly, the Clerk is DIRECTED to TERMINATE the United States as Respondent and ADD the Warden of FCI Pekin as the proper Respondent. Petitioners Petition also did not include the $5.00 filing fee, but he states that the fee will be coming in a separate mailing. See Pet. at 12 (d/e #1 ). The Court will delay conducting the preliminary review until the fee is received. If the fee is not received within thirty (30) days, the Court may dismiss the Petition for failure to pay the filing fee.(AEM, ilcd)
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Ambrose Rayshawn Spires.(AEM, ilcd) |
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