Burnett v. Segal
| Corita Yvonne Burnett |
| Segal |
| 1:2022cv01111 |
| April 6, 2022 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
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| Document Text |
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| Filing 2 RESPONSE TO COURT'S SHOW CAUSE ORDER by Corita Yvonne Burnett. (TC) |
TEXT ORDER entered on 5/2/2022 by Judge Colin S. Bruce. Petitioner has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 #1 challenging the Bureau of Prison's calculation of her federal sentence. However, Petitioner indicates that she has not exhausted her administrative remedies with the BOP regarding her claim. See Petition #1 at 2. Habeas corpus petitions under 28 U.S.C. section 2241 have no express exhaustion requirements, but "[a] common-law exhaustion rule applies." Richmond v. Scibana, 387 F.3d 602, 604 (7th Cir. 2004). Courts generally review a claim by a federal prisoner challenging their sentence computation by the BOP only after they exhaust the BOP's administrative remedy process. Antonelli v. Gilkey, 191 F.3d 455 (7th Cir. 1999). The exhaustion requirement accomplishes two important policy objectives: protection of the agency's authority and promotion of judicial economy. Woodford v. Ngo, 548 U.S. 81, 89 (2006). However, since exhaustion is not mandated by statute, sound judicial discretion governs." Gonzalez v. O'Connell, 355 F.3d 1010, 1016 (7th Cir. 2004), citing McCarthy v. Madigan, 503 U.S. 140, 148, 112 S. Ct. 1081, 1088 (1992). Petitioner is DIRECTED to show cause within thirty (30) days as to why the Court should not summarily dismiss her Petition under Rule 4 of the Rules Governing 28 U.S.C. section 2255 Proceedings in United States District Courts. If Petitioner fails to do so, the Court will dismiss the Petition without prejudice. (JMB)
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| Filing fee: $5.00, receipt number 14626043022. (JS) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Corita Yvonne Burnett.(SKR) |
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 4/6/22 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, they may file a Motion for Leave to Proceed in Forma Pauperis. If Petitioner fails to pay the required filing fee or file a Motion for Leave to Proceed in Forma Pauperis within 30 days, the Petition under 28 U.S.C. Section 2241 for Writ of Habeas #1 will be dismissed without prejudice by this court. ( Miscellaneous Deadline 5/6/2022) (SKR)
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| Petitioner: Corita Yvonne Burnett | |
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| Respondent: Segal | |
| Represented By: | W. Scott Simpson |
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