Fukama-Kabika v. Raoul
| Jean A Fukama-Kabika |
| Kwame Raoul |
| Habeas Attorney General |
| 2:2022cv02239 |
| November 1, 2022 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 11/7/22. Petitioner filed his Petition for Writ of Habeas Corpus By a Person in State Custody Pursuant to 28 U.S.C. Section 2254 #1 , along with a Motion to Proceed In Forma Pauperis #2 and Motion to Request Counsel #3 , on November 1, 2022. Under Rule 4 of the Rules Governing Section 2254 Cases, this court has a duty to conduct a preliminary review, and must dismiss the petition and direct the clerk to alert the petitioner [i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court[.] The court has reviewed Petitioners one-page Petition #1 , which contains no exhibits, and notes that, at no point in the Petition does Petitioner actually state what his habeas claims are pursuant to Section 2254. He matter-of-factly states what happened in the state courts and what claims he raised in the state courts, but does not actually state what claims he is alleging in this court pursuant to Section 2254. Thus, the Petition as currently constituted does not state any claim for which Petitioner would be entitled to relief. Therefore, Petitioners Petition #1 is DISMISSED. However, the court presumes Petitioners failure to state a claim is an oversight. Therefore, the dismissal will be without prejudice. Petitioner may refile his habeas petition explicitly stating and describing the claims he wishes to bring in this court pursuant to Section 2254. As a result, Petitioners Motion to Proceed In Forma Pauperis #2 and Motion to Request Counsel #3 are DENIED as MOOT, with leave to refile. Petitioner is reminded to include with any future motion for leave to proceed in forma pauperis the required affidavit and prisoner trust fund ledger. Petitioner has until December 7, 2022, to file an amended petition. If no amended petition is filed by that date, the clerk will be instructed to terminate this case. (SKR)
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| Filing 3 MOTION to Request Counsel by Petitioner Jean A Fukama-Kabika. Responses due by 11/15/2022 (Attachments: #1 exhibits)(SKR) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Petitioner Jean A Fukama-Kabika. Responses due by 11/15/2022 (SKR) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Jean A Fukama-Kabika.(SKR) |
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