Curry v. Roberson
| Kenneth Curry |
| Kess Roberson |
| Habeas Attorney General |
| 3:2019cv03244 |
| October 16, 2019 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on December 5, 2019. A more recent docket listing may be available from PACER.
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| Filing 14 Circuit Rule 3(b) Fee Notice and ORDER of USCA as to #7 Notice of Appeal filed by Kenneth Curry (JMB, ilcd) |
Filing 13
ORDER entered by Judge Colin Stirling Bruce on 12/4/2019. For the reasons stated in the order, the appeal is not taken in good faith and therefore the Petitioner's Motion for Leave to Appeal in Forma Pauperis #8 is DENIED. See written order. (JMB, ilcd)
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| Filing 12 AFFIDAVIT In Support re #8 MOTION for Leave to Appeal in forma pauperis by Kenneth Curry. (DS, ilcd) |
| Filing 11 NOTICE of Docketing Record on Appeal from USCA re #7 Notice of Appeal filed by Kenneth Curry. USCA Case Number 19-3288. (JMB, ilcd) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 11/19/2019. Petitioner filed a Motion for Leave to Appeal in Forma Pauperis #8 on November 18, 2019. Section 1915 states that "[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. section 1915(a)(3). Neither Petitioner's Motion #8 , nor his Notice of Appeal #7 , identifies the grounds for his appeal. Without that information, this court cannot certify that his appeal is taken in good faith. Before denying an appellant's request to proceed on appeal in Forma Pauperis, a district court should give the appellant an opportunity to submit a statement of the grounds for his appeal. See Celske v. Edwards, 164 F.3d 396, 398 (7th Cir. 1999). Petitioner is now given that opportunity. Petitioner's statement of his grounds for appeal are to be filed with this court on or before December 10, 2019. If no grounds are filed, Petitioner's Motion #8 will be denied. ( Miscellaneous Deadline 12/10/2019) (JMB, ilcd)
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| Filing 10 Short Record of Appeal Sent to US Court of Appeals re #7 Notice of Appeal (ME, ilcd) |
| Filing 9 +++ PRISONER TRUST FUND LEDGER. by Kenneth Curry (ME, ilcd) |
| Filing 8 MOTION for Leave to Appeal in forma pauperis by Petitioner Kenneth Curry. Responses due by 12/2/2019 (ME, ilcd) |
| Filing 7 NOTICE OF APPEAL as to #5 Order on Petition for Writ of Habeas Corpus (2241 & 2254) by Kenneth Curry. (Attachments: #1 Envelope)(ME, ilcd) |
| Filing 6 JUDGMENT entered. (JMB, ilcd) |
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Filing 5
ORDER entered by Judge Colin Stirling Bruce on 10/31/2019. Petitioner's Motion to Proceed in Forma Pauperis #3 is GRANTED. Petitioner's Petition #1 is DISMISSED. A certificate of appealability is DENIED. This case is terminated. See written order. (JMB, ilcd)
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| Filing 4 +++ PRISONER TRUST FUND LEDGER. by Kenneth Curry (JMB, ilcd) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Petitioner Kenneth Curry. Responses due by 11/5/2019 (JMB, ilcd) |
| Filing 2 MEMORANDUM & AFFIDAVIT filed by Kenneth Curry. (DS, ilcd) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Kenneth Curry. (Attachments: #1 Exhibit, #2 Certificate of Service, #3 Envelope)(DS, ilcd) |
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