Coleman v. Adkins
| Marlon A Coleman |
| Felicia Adkins |
| Habeas Attorney General |
| 3:2022cv03203 |
| October 3, 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 |
Docket Report
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| Document Text |
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| Filing 5 NOTICE of Appearance of Attorney by Eric M Levin on behalf of Felicia Adkins (Levin, Eric) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 11/15/22. Petitioner has paid the $5.00 filing fee. Therefore, the Application for Leave to Sue or Defend as a Poor Person #2 is DENIED as MOOT. The court will now consider Petitioner's Motion for Appointment of Counsel #3 . Petitioners pursuing federal habeas relief have no constitutional right to counsel. See Pruitt v. Mote, 503 F.3d 647, 656-57 (7th Cir. 2007). When a petitioner requests counsel, the court considers: "(1) has the indigent plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself?" Pruitt, 503 F.3d at 654. Petitioner's Motion for Appointment of Counsel includes no information regarding his attempt to obtain counsel. Petitioner's Motion for Appointment of Counsel #3 is DENIED without prejudice to appointing counsel in the future if, as the Petition moves forward, appointment is warranted. Further, the court has reviewed the Petition #1 and it does not appear to be clearly without merit. The court therefore orders Respondent to file an answer or other responsive pleading within 60 days, pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. Respondent should attach those portions of the state court record which are relevant to Petitioner's claims and to the issues of the statute of limitations, exhaustion of state remedies, and procedural default (JMB)
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| Filing 4 AFFIDAVIT of Proof of Timeliness of Filing Habeas Corpus Pettion by Marlon A Coleman. (Attachments: #1 Exhibit, #2 Letter)(DS) |
| Filing fee: $ 5.00, receipt number 200000263 (KE) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 10/11/2022. Petitioner has filed a Motion to Proceed in Forma Pauperis #2 , indicating that he is unable to pay the costs of this action. Petitioner did not, however, include the prisoner trust fund ledger as required under 28 U.S.C. 1915(a)(2). Petitioner has 30 days from the date of this order to either: (1) pay the $5.00 filing fee or (2) file the required trust fund ledger from his correctional institution showing he is not financially able to pay the $5.00 fee. If Petitioner does not do so the Motion for Leave to Proceed in Forma Pauperis #2 will be denied and his Petition for Writ of Habeas Corpus #1 will be dismissed without prejudice. (DS)
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| Filing 3 MOTION to Request Counsel by Petitioner Marlon A Coleman. Responses due by 10/17/2022. (BMG) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Petitioner Marlon A Coleman. Responses due by 10/17/2022.(BMG) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Marlon A Coleman. (Attachments: #1 Exhibits, #2 Envelope)(BMG) |
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