Roman v. Illinois State et al
| Luis Roman |
| Illinois State, Illinois Department of Corrections, Lawrence Correctional Center and Deanna M. Brookhart |
| Habeas Attorney General |
| 1:2023cv01458 |
| December 27, 2023 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on February 22, 2024. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge James E. Shadid on February 22, 2024: The Court GRANTS #15 Respondent's First Motion for Extension of Time for good cause as stated in the motion. Respondent shall file her response by April 3, 2024. Petitioner may file a reply by May 3, 2024.(ED)
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| Filing 15 First MOTION for Extension of Time to File Answer re #1 PETITION for Writ of Habeas Corpus by Respondent Deanna M. Brookhart. Responses due by 3/6/2024 (Sawyer, Jeremy) |
| Filing 14 Letter of Inquiry and Reimbursement of (2) extra filing fees sent by Plaintiff Roman. (Attachments: #1 exhibits) (ED) |
| Filing 13 Letter from Plaintiff regarding filing fee. (ED) |
| Filing 12 Second Letter from Luis Roman re: payment of filing fee. (TC) |
| Filing 11 Letter from Luis Roman with Lawrence CC check. (Attachments: #1 Letter from Clerk Returning Check with Copy of Docket Sheet) (TC) |
| Filing 10 NOTICE of Appearance of Attorney by Jeremy M Sawyer on behalf of Deanna M. Brookhart (Sawyer, Jeremy) |
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TEXT ORDER entered by Judge James E. Shadid on February 1, 2024: Petitioner has filed a #3 Motion to Request Counsel. Petitioner is not entitled to counsel, however a district court has discretion to appoint counsel to any financially eligible person seeking relief under 28 U.S.C. 2241, 2254, or 2255, if the interests of justice so require. 18 U.S.C. 3006A(a)(2)(B); see also Winsett v. Washington, 130 F.3d 269, 281 (7th Cir. 1997). When confronted with a motion to appoint counsel, the court should ask whether the Petitioner has made efforts to obtain counsel and whether the Petitioner appears competent to litigate the case himself. See Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007). Here, Petitioner has not shown that he has made any efforts to obtain counsel beyond contacting the Exoneration Project. Moreover, the claims Petitioner seeks to bring have already been adequately presented both here and in state court. Accordingly, at this stage, Petitioner appears competent to litigate the case himself. Petitioner does not claim otherwise, and only appears to seek counsel because he believes he is eligible to proceed in forma pauperis. However, Petitioner's financial eligibility alone is insufficient grounds, as the Court also must find that it is in the interests of justice to appoint counsel. Accordingly, the Court DENIES #3 Petitioner's Motion to Request Counsel without prejudice. (ED)
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Filing 9
ORDER Entered by Judge James E. Shadid on 1/29/24. See written Order. Respondent shall file an answer, motion, or other response to the Petition, within thirty (30) days after service of this Order. After Respondent has filed its response, Petitioner may file any traverse or reply to Respondent's response within thirty (30) days after service of Respondent's response on him. Petitioner must immediately notify the Court of any change in his mailing address.The Clerk is DIRECTED to remove Illinois State, Illinois Department of Corrections, and Lawrence Correctional Center as Respondents.(ED)
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| Filing 8 NOTICE of Petitioner Payment Fee Being Paid Through Lawrence Correctional Center IL-DOC "Authorization for Payment" by Plaintiff Roman. (ED) |
| Filing fee: $ 5, receipt number 20001010. (BMG) |
| Filing 7 MOTION for Subpoena by Petitioner Luis Roman. Responses due by 1/30/2024. (ED) |
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TEXT ORDER entered by Judge James E. Shadid on January 16, 2024: Petitioner's #4 Motion to Clarify Application Proceed in forma pauperis on his 2254 Petition is DENIED. Petitioner asserts that because he has been granted leave to proceed informa pauperis in a civil case, he must be permitted to proceed informa pauperis in this case. However, in a 2254 Petition, the filing fee is only $5.00. Petitioner has now submitted his institutional trust fund ledger #5 showing that he has $91.46 available. Accordingly, the Court finds he has sufficient funds to pay the filing fee and Petitioner is not granted leave to proceed without paying the filing fee. Petitioner must pay the $5.00 filing fee within 30 days, or the Court will dismiss his Petition for failure to prosecute. (ED)
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| Filing 6 MOTION to Recruit Camera Footage as Evidence by Petitioner Luis Roman. Responses due by 1/23/2024. (JPL) |
| Filing 5 +++ PRISONER TRUST FUND LEDGER filed by Petitioner Luis Roman with notation as an exhibit to #4 Motion to Clarify. (JPL) |
| Filing 4 MOTION to Clarify Application to Proceed in Forma Pauperis, Supporting Documentation, and Order by Petitioner Luis Roman. Responses due by 1/23/2024. (JPL) |
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TEXT ORDER entered by Judge James E. Shadid on December 28, 2023: Petitioner's #2 Motion to Proceed in forma pauperis on his Section 2254 Petition is DENIED without prejudice. Petitioner asserts he has no money in any accounts. However, he has not provided a copy of his institutional trust fund ledger showing his transactions over the past six months, so the Court is unable to verify his current assets. Accordingly, Petitioner's Motion #2 is DENIED at this time. Petitioner must either file a new motion to proceed in forma pauperis or pay the $5.00 filing fee within 30 days or the Court will dismiss his Petition for failure to prosecute. (VH)
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| Filing 3 MOTION to Request Counsel by Petitioner Luis Roman. Responses due by 1/10/2024 (VH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Petitioner Luis Roman. Responses due by 1/10/2024 (VH) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Luis Roman. (Attachments: #1 Part 1a, #2 Part 1b, #3 Part 1b2, #4 Part 2a, #5 Part 2b, #6 3a, #7 3b Part 1, #8 3b Part 2)(VH) |
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