Guardiola v. Entzel
| Jesse Guardiola |
| Frederick Entzel |
| 2:2019cv02287 |
| October 28, 2019 |
| US District Court for the Central District of Illinois |
| Joe Billy McDade |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 6 ACKNOWLEDGEMENT OF SERVICE Executed as to US Atty Greggory Walters in receipt of #1 PETITION for Writ of Habeas Corpus and Text Order. (VH, ilcd) |
| Filing 5 ACKNOWLEDGEMENT OF SERVICE Executed upon FCI Pekin regarding 11/22/2019 Text Order. (RK, ilcd) |
| Filing 4 +++ SEALED DOCUMENT.. (Walters, Greggory) |
| Filing 3 MOTION for Leave to File Document Under Seal by Respondent Frederick Entzel. Responses due by 12/10/2019 (Walters, Greggory) |
| Filing 2 RESPONSE to Motion re #1 PETITION for Writ of Habeas Corpus filed by Respondent Frederick Entzel. (Attachments: #1 Appendix)(Walters, Greggory) |
TEXT ORDER granting #3 Motion for Leave to File Document Under Seal entered by Judge Joe Billy McDade on 11/26/2019. Presentence investigation reports are confidential documents created by the United States Probation Office in order to assist a judge in crafting appropriate sentences. United States Dep't of Justice v. Julian, 486 U.S. 1, 12 (1988). These reports contain highly sensitive and personal information about defendants. As such, courts very rarely allow third parties to access them. As several courts have recognized, allowing the disclosure of presentence investigation reports has a chilling effect on the willingness of a defendant and other contributing sources to supply useful information to the probation officer compiling the report. E.g., Julian, 486 U.S. at 12. Given the nature of the document sought to be sealed, the Court hereby grants the motion to seal the portion of the appendix containing the presentence report. (JR, ilcd)
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| Set Deadline as to #1 PETITION for Writ of Habeas Corpus. Responses due by 1/6/2020. (VH, ilcd) |
|
Petitioner has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 (Doc. #1 ). Pursuant to the Rules Governing Section 2254 Cases in the United States District Courts (as applied to Section 2241 Petitions, see Rule 1(b)), the Court finds that it does not plainly appear from the face of the Petition that the Petitioner is not entitled to relief in the district court. The Clerk SHALL serve a copy of the Petition (Doc. #1 ) upon the Respondent. Respondent SHALL file an answer, motion, or other responsive pleading within forty-two (42) days of the entry of this Text Order. Respondent should address any facts which would establish whether Petitioner's claims are untimely or procedurally barred. In addition, Respondent should address the merits of Petitioner's claim and otherwise fully comply with Rule 5(b) of the Rules Governing Section 2254 Proceedings for the United States District Courts. Petitioner MAY file a reply to Respondent's response within twenty-one (21) days of being served with the response. Petitioner SHALL serve upon the United States Attorney's office a copy of every further pleading or other document submitted for consideration by the Court. Entered by Judge Joe Billy McDade on 11/22/2019. (JR, ilcd)
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| Filing fee: $5.00, receipt number 14626035631. (VH, ilcd) |
| Set Deadlines: Deficiencies to be remedied by 11/25/2019. (VH, ilcd) |
| Filing 1 PETITION for Writ of Habeas Corpus 2241, filed by Jesse Guardiola. (Attachments: #1 2241 petition, #2 envelope)(TK, ilcd) |
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TEXT ORDER entered by Judge Joe Billy McDade on 10/28/2019. The Court notes Petitioner has filed a petition under 28 U.S.C. s. 2241 (Doc. 1) but has neither paid the applicable $5.00 filing fee nor submitted a motion to proceed in forma pauperis. The Court will postpone its requisite Rule 4 assessment of this Petition until Petitioner has either paid the filing fee or filed a motion to proceed in forma pauperis. If Petitioner does not either pay the filing fee or file a motion to proceed in forma pauperis within twenty-eight (28) days of the date of this Text Order, his Petition will be dismissed for failure to prosecute. (JR, ilcd)
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| Respondent: Frederick Entzel | |
| Represented By: | Greggory R Walters |
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| Petitioner: Jesse Guardiola | |
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