Emers v. Hamilton
| Lyarron T Emers |
| Robert Hamilton |
| Habeas Attorney General |
| 3:2020cv03315 |
| November 23, 2020 |
| 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 8, 2020. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge Colin Stirling Bruce on 12/8/2020. Petitioner has filed a Motion to Stay in Abeyance #2 . The time to respond has passed, and Respondent has not filed a response. Thus, the court presumes pursuant to Central District of Illinois Local Rule 7.1(B)(2) that Respondent has no opposition. The Petition #1 presents some claims that appear to be exhausted. Other claims Petitioner wishes to assert in this court remain pending on appeal of a state court postconviction petition. Prematurely ruling on such a "mixed" petition could deny Petitioner the opportunity to present all his federal constitutional claims in this court. Petitioner's Motion to Stay #2 is GRANTED. This case is STAYED. The Petition #1 is DENIED as MOOT with leave to reinstate. Upon being reinstated, the Petition shall be deemed filed on November 23, 2020, for statute of limitations purposes, solely as to those grounds raised in the Petition #1 . The statute of limitations continues to run on any claims not raised in the Petition #1 . The District Clerk is directed to administratively close this case. See Thomas v. Wardell, 951 F.3d 854, 858 n.3 (7th Cir. 2020) ("Administratively closing a case moves it to a court's inactive docket, while the court retains jurisdiction for purposes of future activities on the case."). The parties are directed to file a status report in 180 days notifying the court as to the status of Petitioners pending state court postconviction litigation. (Status Report due by 6/6/2021.)(DS, ilcd)
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| Filing fee: $ 5 - receipt number 14626039166 (FDS, ilcd) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 11/24/2020 directing the Petitioner to pay the filing fee of $5.00 within 30 days of this Order. If Petitioner is unable to pay the required filing fee, he may file a Motion for Leave to Proceed in Forma Pauperis. If Petitioner fails to pay the required filing fee or file a Motion for Leave to Proceed in Forma Pauperis within 30 days, his Petition under 28 U.S.C. 2254 for Writ of Habeas Corpus by a person in State Custody #1 will be dismissed without prejudice by this court. (Prisoner Prepayment due by 12/24/2020)(DS, ilcd)
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| Filing 2 MOTION to Stay in Abeyance by Petitioner Lyarron T Emers. Responses due by 12/7/2020. (DS, ilcd) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Lyarron T Emers. (Attachments: #1 Exhibit, #2 Proof of Service, #3 Envelope)(DS, ilcd) |
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