Chmielinski v. Kolitwenzew et al
| Artur Chmielinski |
| Chad Kolitwenzew and Robert Guadian |
| United States of America, U.S. Attorney's Office, Attorney General of the United States and Kankakee County State's Attorney's Office |
| 2:2020cv02243 |
| August 28, 2020 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
TEXT ORDER: Petitioner has filed a Notice of Voluntary Dismissal (d/e #9 ). Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), the Clerk is DIRECTED to CLOSE this case without prejudice. Entered by Judge Sue E. Myerscough on 9/18/2020. (MAS, ilcd)
|
| Filing 9 NOTICE of Voluntary Dismissal by Artur Chmielinski. (Kriezelman, Matthew) |
| Filing 8 NOTICE of Appearance of Attorney by Kimberly A Klein on behalf of United States of America (Klein, Kimberly) |
|
Filing 7
ORDER entered by Judge Sue E. Myerscough on 9/10/2020. The Court has reviewed the Petition pursuant to 28 U.S.C. 2243 and 2241 and finds that summary dismissal is not warranted. Chad Kolitwenzew, as Chief of Corrections for the Kankakee County Sheriff's Office, is the only proper respondent in this case. See Robledo-Gonzalez v. Ashcroft, 342 F.3d 667, 673 (7th Cir. 2003) (the writ of habeas corpus acts upon the person who confines the petitioner). Under Illinois law, 55 Ill. Comp. Stat. 5/3-9005(a)(4), it is the duty of the State's Attorney of Kankakee County to defend Respondent Kolitwenzew in this suit. Robert Guadian is not a proper respondent and is dismissed from this case. Interested Party United States is ORDERED to show cause, if any it may have, within fourteen (14) days after service of this Order, why the writ should not be granted. Respondent Kolitwenzew may file a response as well, but to the extent his position does not differ from the that of the United States, his response is not required. Petitioner is ORDERED to file any traverse or reply to the response within seven (7) days after service of the United States' response on him. (SEE WRITTEN ORDER) (MAS, ilcd)
|
| Filing 6 Summons Issued as to U.S. Attorney's Office, Urbana, IL and forwarded to the Petitioner's attorney for effectuation of service. (MAS, ilcd) |
| Filing 5 Summons Issued as to Attorney General of the United States and forwarded to the Petitioner's attorney for effectuation of service. (MAS, ilcd) |
| Filing 4 Summons Issued as to Kankakee County State's Attorney's Office and forwarded to the Petitioner's attorney for effectuation of service. (MAS, ilcd) |
| Filing 3 Summons Issued as to Robert Guadian and forwarded to the Petitioner's attorney for effectuation of service. (MAS, ilcd) |
| Filing 2 Summons Issued as to Chad Kolitwenzew and forwarded to the Petitioner's attorney for effectuation of service. (MAS, ilcd) |
| Filing fee: $ 5.00, receipt number 24626009512 (JMB, ilcd) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.), filed by Artur Chmielinski. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet, #3 Summons- State's Attorney, #4 Summons- Kolitwenzew, #5 Summons- Guadian, #6 Summons- AG, #7 Summons- US atty)(Kriezelman, Matthew) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
