Gardner v. Brookhart
| DeShawn Gardner |
| Deanna M. Brookhart |
| 3:2023cv03337 |
| November 21, 2023 |
| US District Court for the Central District of Illinois |
| Colleen R Lawless |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on January 16, 2024. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge Colleen Lawless on January 16, 2024: Petitioner has filed a letter #8 , which the Court construes as a motion for clarification. This Motion is GRANTED and Petitioner is informed that the Court's December 7, 2023 Order advised him that because Respondent's counsel has already appeared in this matter and will be receiving all documents filed in this case electronically, Petitioner does not need to send copies of his filings to Respondent. They will automatically receive filings electronically. (JPL)
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| Filing 8 MOTION for Clarification by Petitioner DeShawn Gardner. Responses due by 1/23/2024.(BL) |
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Filing 7
ORDER entered by Judge Colleen R. Lawless on 12/7/2023. Respondent shall file an answer, motion, or other response to the Petition, within thirty (30) days after service of this Order. After Respondent has filed its response, Petitioner may file any traverse or reply to Respondent's response within thirty (30) days after service of Respondent's response on him. SEE WRITTEN ORDER. (MJC)
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| Filing 6 Case transferred in from District of Illinois Southern; Case Number 3:23-cv-03231. . |
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Filing 5
ORDER TRANSFERRING CASE TO OTHER DISTRICT: Petitioner was convicted in Sangamon County, which is situated in the federal judicial district for the Central District of Illinois. 28 U.S.C. 93(a)(1). He is confined in this District in the Lawrence Correctional Center. 28 U.S.C. 93(c). Both this Court and the Central District court have jurisdiction over this action. 28 U.S.C. 2241(d). The Court finds that the Central District is a more convenient forum for the hearing and determination of this habeas corpus action, particularly because the records of Petitioner's conviction may be found there, as may most of the participants in his criminal proceeding. Pursuant to 28 U.S.C. 2241(d) and 1404(a), and on the Court's own motion, it is ORDERED that this action is TRANSFERRED to the United States District Court for the Central District of Illinois. Neither the writ of habeas corpus nor any rule to show cause shall issue in this action unless so directed by the transferee court. Signed by Judge Stephen P. McGlynn on 11/20/2023. (jce) THIS TEX T ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 NOTICE: Petitioner was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 347, Petitioner shall return the form within 7 days or face possible sanctions. Consent due by 10/27/2023 (kare) |
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Filing 3
The Court has received your complaint and your filing fee. Your case number is 23-3231-SPM. The following is some information you should know regarding the initial stages of your lawsuit. The Court will now review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See: 28 U.S.C. Sec. 1915A). The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge Stephen P. McGlynn on 9/29/2023. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 2 NOTICE FROM CLERK Instructing Petitioner to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 347, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Petitioner on 9/29/2023. Consent due by 10/20/2023 (jaj) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by DeShawn Gardner.(jaj) |
| Filing fee: $ 5.00, receipt number 5630 (djw) |
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| Plaintiff: DeShawn Gardner | |
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| Respondent: Deanna M. Brookhart | |
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