Swanson v. Warden
| Benjamin Godwin Swanson |
| Warden |
| 1:2024cv01176 |
| May 3, 2024 |
| US District Court for the Central District of Illinois |
| Colleen R Lawless |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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This docket was last retrieved on June 27, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 MOTION to Substitute Party, Warden, USP Marion to be replaced by Warden, FCI Pekin, by Respondent Warden. Responses due by 7/11/2024 (Simpson, W.) |
| Set/Reset Deadlines/Hearings as to Replies due by 8/6/2024. Responses due by 7/6/2024. Entered by Judge Colleen R. Lawless on 05/06/2024. (SB) |
TEXT ORDER entered by Judge Colleen Lawless on 5/6/2024: Petitioner filed this 2241 Petition #1 in the Southern District of Illinois. It has been transferred to this district on motion of the Respondent after Respondent was ordered to respond. See Order #15 . This Court has now reviewed the Petition #1 pursuant to 28 U.S.C. 2243, 2241, and Rules 1(b) and 4 of the Rules Governing Section 2254 Proceedings for the United States District Courts and agrees that a response is warranted. Respondent shall answer to Petitioner's Petition #1 or otherwise plead on or before July 6, 2024. Petitioner may file a reply on or before August 6, 2024. (SB)
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| Filing 16 Case transferred in from Southern District of Illinois; Case Number 3:24-cv-00456. |
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Filing 15
ORDER: #13 Motion to Dismiss for Lack of Jurisdiction or, in the Alternative, for Transfer filed by the United States of America is GRANTED in part and DENIED in part. In the interest of justice, the Clerk of Court is DIRECTED to transfer Petitioner Benjamin G. Swansons #1 Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. 2241 to the United States District Court for the Central District of Illinois. Signed by Judge Stephen P. McGlynn on 4/29/2024. (trf)
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| Filing 14 NOTICE FROM CLERK Instructing Warden to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 347 and 367, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/sites/ilsd/files/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Warden on 4/26/2024. Consent due by 5/17/2024 (aca) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction or, in the alternative, for Transfer by Warden. (Wyatt, Nathan) |
| Filing 12 NOTICE of Appearance by Nathan E. Wyatt on behalf of Warden (Wyatt, Nathan) |
| Filing 11 RETURN OF SERVICE Executed on Habeas Corpus Acknowledgement Letter by Warden. Warden served on 4/24/2024, answer due 5/24/2024. (Wyatt, Nathan) |
| Filing 10 Letter to AUSA constituting service. (tjk) |
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Filing 9
ORDER: The Court concludes that Petitioner Benjamin Swansons claim pertaining to the allegedly wrongful loss of good conduct time credit survives preliminary review. All other claims are DISMISSED without prejudice. Respondent Daniel Sproul, the Warden at USP Marion, is ORDERED to answer or otherwise plead on or before May 23, 2024. This order to respond does not preclude the Government from raising any objection or defense it may wish to present. Service upon the United States Attorney for the Southern District of Illinois, 750 Missouri Avenue, East St Louis, Illinois, shall be construed as sufficient service. Signed by Judge Stephen P. McGlynn on 4/23/2024. (trf)
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| Filing fee: $ 5.00, receipt number 8956 (clw) |
| Filing fee due by 5/20/2024. (jaj) |
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Filing 8
ORDER: #7 Motion for Extension of Time is GRANTED. Petitioner Benjamin G. Swanson is ORDERED to pay the $5.00 filing fee for this case no later than May 20, 2024. Payment of the $5.00 filing fee shall be sent to: United States District Court, Clerk's Office, 750 Missouri Avenue, East St. Louis, Illinois, 62201. At the time payment is made, Petitioner's name and the case number assigned to this action shall be clearly identified. Petitioner is warned that failure to pay the filing fee by the deadline may result in the dismissal of this case for failure to prosecute. Signed by Judge Stephen P. McGlynn on 4/4/2024. (trf) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 MOTION for Extension of Time to Comply with Order 6 by Benjamin Godwin Swanson. (kare) |
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Filing 6
ORDER: Before the Court is Petitioner Benjamin G. Swanson's #5 Motion for Leave to Proceed in forma pauperis. A court may permit a petitioner to proceed in forma pauperis ("IFP") where the petitioner has demonstrated indigence. See 28 U.S.C. 1915(a)(1). Based on the financial information provided with Petitioner Swanson's Motion and Affidavit, he received over $275.00 in deposits during the six-month period immediately preceding the filing of this case, which is sufficient to cover the $5.00 filing fee. Therefore, #5 Motion for Leave to Proceed in forma pauperis is DENIED. Petitioner Swanson is ORDERED to pay the $5.00 filing fee in this case no later than April 11, 2024. Payment of the $5.00 filing fee shall be sent to: United States District Court, Clerk's Office, 750 Missouri Avenue, East St. Louis, Illinois, 62201. At the time payment is made, Petitioner's name and the case number assigned to this action shall be clearly identified. Signed by Judge Stephen P. McGlynn on 3/12/2024. (trf) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 MOTION for Leave to Proceed in forma pauperis by Benjamin Godwin Swanson. (kare) |
| Filing 4 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
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Filing 3
NOTICE AND ORDER: The Court has received your Petition for Writ of Habeas Corpus. Your case number is 24-456-SPM. Within 30 days of the entry of this Order, you are ORDERED to submit the $5.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within fourteen days of the change during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you do not receive a preliminary review Order within the next 60 days, you may file a motion requesting the status of your case. If you filed a motion for recruitment of counsel, it will not be considered until the Court has completed the preliminary review of your petition. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). In the event your petition survives the preliminary review, the Court will instruct the respondent to file a response to the petition and you will be notified of your deadline to file a reply. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within fourteen days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge Stephen P. McGlynn on 2/20/2024. (jaj)
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| Filing 2 NOTICE FROM CLERK Instructing Petitioner to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 347 and 367, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Petitioner on 2/20/2024. Consent due by 3/12/2024 (jaj) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Benjamin Godwin Swanson.(jaj) |
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| Petitioner: Benjamin Godwin Swanson | |
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| Respondent: Warden | |
| Represented By: | Nathan E. Wyatt |
| Represented By: | W. Scott Simpson |
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