Wade v. Champaign County Sheriff's Office
| Demetrius Wade |
| Champaign County Sheriff's Office and Dustin D Heuerman |
| 2:2023cv02058 |
| March 17, 2023 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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This docket was last retrieved on May 15, 2023. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge Colin S. Bruce: Petitioner has submitted copies of a motion to dismiss he filed in his state court criminal case #9 . The filing has been docketed as a motion in this case. To the extent Petitioner was seeking to file this as a motion in this case as well, it is DENIED as MOOT. The Court has already summarily dismissed Petitioner's 2241 Petition, see #7 . Moreover, even if the motion was liberally construed as a motion to reconsider pursuant to Rule 59(e), it merely reasserts his previous grievances about his arrest, and does not even attempt to argue that the Courts reasons for dismissing his Petition were erroneous. (BMG)
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| Filing 9 MOTION for Leave to File Amended Petition for Writ of Habeas Corpus by Petitioner Demetrius Wade. Responses due by 5/15/2023. (BMG) |
| Filing 8 JUDGMENT entered. (BMG) |
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Filing 7
ORDER entered by Judge Colin Stirling Bruce on 4/18/2023. The Court SUMMARILY DISMISSED Petitioner's Petition for Writ of Habeas Corpus #1 without prejudice. The Court declines to issue a certificate of appealability. The Motion to Proceed in forma pauperis #6 is GRANTED. The Clerk is directed to terminate the Champaign County Sheriff's Office and name Sheriff Dustin D. Heuerman as Respondent. The case is closed. See written Order.(BMG)
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| Filing 6 MOTION for Leave to Proceed in forma pauperis by Petitioner Demetrius Wade. Responses due by 4/27/2023.(BMG) |
| Filing 5 Letter from Petitioner Demetrius Wade to the Court. (BMG) Modified on 4/13/2023 to correct typographical error (BMG). |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Demetrius Wade. (BMG) |
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TEXT ORDER entered by Judge Colin S. Bruce: Petitioner has filed a Motion to Proceed in Forma Pauperis #2 . Habeas proceedings are not civil actions within the meaning of 28 U.S.C. 1915(a)(2) and (b). The Court may, therefore, exercise its discretion to determine the amount of the filing fee and the timing of its payment based upon the what the petitioner can reasonably afford to pay. Walker v. O'Brien, 216 F.3d 626, 638 n.5 (7th Cir. 2000) (en banc) (A court has it within its discretion to insist that litigants proceeding IFP in non-PLRA cases must nonetheless pay a fee commensurate with their ability to do so.). Here, Petitioner states he is indigent and unable to pay the $5.00 fee. However, he also states that he has received $700 in gifts in the past year but does not expect more. Petitioner has not filed a copy of his institutional trust fund ledger, so the Court cannot determine whether he currently has any funds (or did at the time he filed the Petition and chose to spend them elsewhere). Accordingly, the Court DENIES Petitioner's Motion to Proceed in forma pauperis #2 WITHOUT PREJUDICE. The Court ORDERS that Petitioner either pay the $5.00 fee or file another Motion to Proceed in Forma Pauperis that includes a copy of his institutional trust fund ledger within 30 days, or the Court will dismiss his Petition for failure to prosecute. (BMG)
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TEXT ORDER entered by Judge Colin S. Bruce: The Clerk is DIRECTED to SEAL the attachments to the petition (docket entry 1-1), in order to protect the personal information of crime victims.(BMG)
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| Filing 3 Letter from plaintiff regarding Motion to Proceed in Forma Pauperis. (BMG) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Petitioner Demetrius Wade. Responses due by 3/31/2023. (BMG) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Demetrius Wade. (Attachments: #1 Attachments)(BMG) |
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