Dida v. Hvarre
| Mohamed Dida |
| State of Illinois and Kimberly Hvarre |
| Habeas Attorney General |
| 1:2023cv01421 |
| November 14, 2023 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on January 11, 2024. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge James E. Shadid on January 11, 2024: Upon reviewing the docket, the Court finds that Petitioner has incorrectly named the State of Illinois as Respondent. A Section 2254 Petition must be "directed to the person having custody of the person detained," 28 U.S.C. Section 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). Accordingly, as Petitioner is currently incarcerated at the Big Muddy Detention Center, the Clerk is DIRECTED to substitute the warden of this facility, Kimberly Hvarre, as Respondent. (VH)
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| Filing 4 NOTICE of Appearance of Attorney by John P Moynihan on behalf of State of Illinois (Moynihan, John) |
| Set/Reset Deadlines/Hearings: Responses due by 1/22/2024 (TK) |
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Filing 3
ORDER Entered by Judge James E. Shadid on 12/22/2023. Respondent shall file and answer, motion, or other response to the Petition, within thirty days after service of this Order. (See Full Order)(AEM)
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| Filing fee: $5.00, receipt number PIA100003757 (VH) |
| Filing 2 NOTICE of Change of Address by Mohamed Dida. (AEM) |
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TEXT ORDER entered by Judge James E. Shadid on November 27, 2023: Per the Court's text order in case number 23-cv-1375, Petitioner's #1 Petition was properly filed as a separate 2254 case because it concerns a separate state court judgment. See Rules Governing Section 2254 Cases in the United States District Courts, Rule 2(e). Accordingly, the Clerk is DIRECTED to reopen this case and unstrike the #1 Petition. Additionally, the Court notes that Petitioner has not paid the filing fee. If Petitioner is unable to pay the required filing fee, he 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, his Petition under 28 U.S.C. section 2254 for Writ of Habeas will be dismissed without prejudice by this court.(AEM)
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TEXT ORDER Entered by Judge James E. Shadid on 11/16/2023. The Clerk is DIRECTED to STRIKE the Petition #1 filed in this case and refile in case number 23-1375 as an amended 2254 Petition. Petitioner is advised to add his federal case number to all future filings or they may not be properly reviewed in his case. The Clerk is further DIRECTED to CLOSE this case. (AEM)
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| Filing 1 PETITION for Writ of Habeas Corpus 2254, filed by Mohamed Dida.(TK) Modified on 11/16/2023 to strike (AEM). Modified on 11/27/2023 to unstrike per 11/27/23 TO. (AEM). |
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