Lamon v. Mitchell
| Andrew Lamon |
| David Mitchell |
| Habeas Attorney General |
| 1:2022cv01212 |
| June 27, 2022 |
| U.S. District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 4 Petitioner's Motion for an Enlargement of Time by Petitioner Andrew Lamon. Responses due by 8/22/2022. (BMG) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 8/8/2022. Petitioner's Motion for an Enlargement of Time #4 is GRANTED. Petitioner has now sought authorization from the Seventh Circuit Court of Appeals to file a second or successive habeas petition. Petitioner's new deadline to indicate whether the Seventh Circuit has authorized this court to consider his petition is September 8, 2022.(BMG)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 7/22/22. Petitioner's Motion Verifying Filing Fee Payment #3 is GRANTED. The court received Petitioner's $5.00 filing fee on 7/21/22. The court has now reviewed the Petition Under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody #1 . In the Petition, paragraph 14, Petitioner indicated that he has previously filed a petition for habeas corpus with respect to this conviction in federal court. Although Petitioner did not recall the case number, the court has located Central District Case No. 09-CV-1224 filed by Petitioner with respect to this same conviction: Peoria County 02-CF-28. In order to bring a second or successive petition under 28 U.S.C. Section 2254, a petitioner must "move in the appropriate court of appeals for an order authorizing the district court to consider the application." 28 U.S.C. Section 2244(b)(3)(A). Petitioner is granted 30 days in which to indicate whether he has sought and received authorization from the Seventh Circuit Court of Appeals to file this second or successive petition. If Petitioner does not do so within 30 days, the Petition #1 will be dismissed without prejudice.(DS)
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| Filing fee: $ 5.00, receipt number 100000454. (AEM) |
| Filing 3 Motion Verifying Filing Fee Payment by Petitioner Andrew Lamon. Responses due by 8/1/2022. (BMG) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 7/12/2022. Petitioner's Application to Proceed in District Court Without Prepaying Fees or Costs #2 is DENIED, with leave to refile. Petitioner has not filed a certified copy of his prison trust fund ledger, as required by 28 U.S.C. 1915 and Rule 3(a)(2) of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner indicated in his Application that, although he should be granted leave to proceed without prepaying fees or costs, he had signed an authorization for payment of the $5 filing fee on June 27, 2022, and that the court should receive his payment once approved by his institution. The court has confirmed with its finance department that no payment has yet been received in this matter. Therefore, Petitioner is granted 30 days in which to refile his Application with the required trust fund ledger, or to instead pay the $5 filing fee. If Petitioner fails to file the appropriate documentation in support of his Application or to pay the required filing fee within 30 days, his Petition for Writ of Habeas Corpus #1 will be dismissed without prejudice by this court.(BMG)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Petitioner Andrew Lamon. Responses due by 7/11/2022. (BMG) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Andrew Lamon.(BMG) |
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