People of the State of Illinois v. Burnside
| People of the State of Illinois |
| Brian A Burnside and El Unus Per Solem Bey |
| 1:2022cv01131 |
| April 18, 2022 |
| US District Court for the Central District of Illinois |
| Joe Billy McDade |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1446 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on May 25, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 DOCKETING STATEMENT by Brian A Burnside re #5 Notice of Appeal (SAG) |
| Filing 9 MOTION for Leave to Appeal in forma pauperis by Defendant Brian A Burnside. Responses due by 6/3/2022 (SAG) |
| Filing 8 NOTICE of Docketing Record on Appeal from USCA re #5 Notice of Appeal filed by Brian A Burnside. USCA Case Number 22-1880. (ME) |
| Filing 7 NOTICE of Docketing Record on Appeal from USCA re #5 Notice of Appeal filed by Brian A Burnside. USCA Case Number 22-1880. (SKN) |
| Filing 6 Short Record of Appeal Sent to US Court of Appeals re #5 Notice of Appeal (SAG) |
| Filing 5 NOTICE OF APPEAL as to Text Order entered 4/20/2022 by Brian A Burnside. (SAG) |
| Filing 4 JUDGMENT entered. (KB) |
TEXT ORDER entered by Judge Joe Billy McDade on 4/20/2022. Plaintiff's petition to proceed in forma pauperis is granted based on Plaintiff's averments of indigency. [2.] Plaintiff has filed a document titled "notice of removal," which appears to be an attempt to remove to federal court a criminal case proceeding in Peoria County, Illinois v. Burnside, 22-CF-164. The bill of indictment attached to Plaintiff's notice indicates that Plaintiff was charged with aggravated battery on March 15, 2022. According to the online docket sheet in case 22-CF-164, a jury trial is scheduled in August 2022. judicial.peoriacounty.org (last visited 4/20/22). Plaintiff cites 28 U.S.C. 1443 as the basis for removal, but no plausible inference arises that Plaintiff is being denied "'specific civil rights stated in terms of racial equality'" or is unable to "'enforce the specified federal rights in the courts of (the) State.'" Yashar'al v. Hopper, 849 Fed. Appx. 591, 591 (7th Cir. 2021) (affirming remand of criminal prosecution to state court because defendant's sovereign-citizen immunity defense was frivolous and state could enforce federal rights) (citations omitted). This case is remanded to the Circuit Court for Peoria County, Tenth Judicial Circuit. The clerk is directed to close this case and mail a copy of this order to the Peoria County Circuit Clerk. (KB)
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| Filing 3 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Joe Billy McDade. Effective immediately, all documents should be mailed or scanned to the Springfield Division, 600 E Monroe, Springfield, IL 62701. Merit Review Deadline set for 5/9/2022. (Attachments: #1 Notice Regarding Privacy Issues) (KB) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Defendant Brian A Burnside. Responses due by 5/2/2022. (KB) |
| Filing 1 NOTICE OF REMOVAL from Tenth Judicial Circuit of Peoria County, Case Number 22-CF-0000164, filed by Brian A Burnside. (KB) |
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TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Joe Billy McDade for all further proceedings due to the nature of the case. Judge James E. Shadid no longer assigned to case. Entered by Chief Judge Sara Darrow on 4/18/2022. (KB)
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