Adamczyk v. Sullivan et al
| Lawrence Adamczyk |
| Kwame Raoul, Warden Sullivan, State of Illinois, Rob Jefferys, IDOC and Daniel Q Sullivan |
| 1:2020cv03291 |
| June 3, 2020 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Prisoner: Habeas Corpus |
| 28 U.S.C. § 1651 |
| None |
Docket Report
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This docket was last retrieved on July 7, 2020. A more recent docket listing may be available from PACER.
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Filing 27
JUDGMENT ORDER: This action having been decided by Judge John J. Tharp, Jr. on the petitioner's petition for a writ of habeas corpus, it is hereby ORDERED: Judgment is hereby entered in favor of respondents State of Illinois, IDOC, Kwame Raoul, Attorney General of Illinois, Rob Jefferys, Director, IDOC, Warden Sullivan, BMRCC and against petitioner Lawrence Adamczyk. Respondents shall not recover costs from petitioner. Signed by the Honorable John J. Tharp, Jr on 7/7/2020. Mailed notice(gcy, )
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Filing 26
ORDER: This case is dismissed for want of subject matter jurisdiction as an unauthorized and successive habeas corpus petition, 28 U.S.C. 2244(b). The Court declines to issue a certificate of appealability. Any other pending motions are denied as moot. The Clerk shall: (1) terminate Respondents Illinois, IDOC, Raoul, and Jefferys from the docket; (2) update the docket to reflect that Respondent is Daniel Q. Sullivan, Warden, Big Muddy River Correctional Center; and, (3) enter a Rule 58 judgment in favor of Respondent and against Petitioner. Petitioner is admonished that his challenge to his custody under the SDP Act is complete. He is now engaging in frivolouslitigation. Any new filings will be stricken as frivolous and the Court may impose sanctions pursuant to Alexander v. United States, 121 F.3d 312, 315 (7th Cir. 1997). These sanctions may include a monetary fine and the imposition of a bar preventing Petitioner from filing future cases in this district. Civil case closed. Signed by the Honorable John J. Tharp, Jr on 7/7/2020. Mailed notice(gcy, )
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| MAILED Prisoner Local Rule 83.15 Letter to all parties of record #25 . (The paper copy of document #25 was delayed for mailing. The Clerk did not mail the document until June 17, 2020.)(bg, ) |
| Filing 25 MAILED Prisoner Local Rule 83.15 Letter to all parties of record. (bg, ) |
| Filing 24 RECEIVED from Illinois Southern; Case Number 3:19-cv-01399 (bg) |
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Filing 23
ORDER: Adamczyk's motions requesting the Court to treat this action as a habeas corpus petition are GRANTED. The Court DIRECTS the Clerk of Court to correct the docket to reflect the proper nature of the suit (530: Habeas Corpus). This action is TRANSFERRED to the United States District Court for the Northern District of Illinois. All remaining motions are DENIED as moot. Signed by Chief Judge Nancy J. Rosenstengel on 6/2/2020. (jrj) [Transferred from Illinois Southern on 6/3/2020.]
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| Filing 22 MOTION to Withdraw the Second Issue in the #1 Petition for Writ of Mandamus by Lawrence Adamczyk. (jaj) [Transferred from Illinois Southern on 6/3/2020.] |
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Filing 21
ORDER granting #11 Motion to Copy; granting #15 Motion to Copy; granting #19 Motion for Status. The Petition for Writ of Mandamus, along with Petitioner's motions concerning his requests to consolidate cases, amend his pleading to a petition for habeas corpus, and declaratory judgment are currently still pending before the Court for consideration. The Petitioner has also filed motions for a copy of the Petition as a confirmation that the whole document was received. (Docs. #11 , #15 ). The motions are GRANTED. As a onetime courtesy, the Clerk is DIRECTED to send Petitioner a copy of the Petition. Petitioner is ADVISED, however, that as a general rule, the District Clerk will mail paper copies of any document only after receiving prepayment of the required fee (i.e. $.50 per page). Signed by Chief Judge Nancy J. Rosenstengel on 5/12/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 6/3/2020.]
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| Filing 20 MOTION for Default Judgment filed by Lawrence Adamczyk. (kls3) [Transferred from Illinois Southern on 6/3/2020.] |
| Filing 19 MOTION for status by Lawrence Adamczyk. (jaj) [Transferred from Illinois Southern on 6/3/2020.] |
| Initial Prisoner Filing Fee: $2.14 received, receipt number 34625099664 (rah) [Transferred from Illinois Southern on 6/3/2020.] |
| Filing 18 MOTION to Alter or Amend and MOTION for Reconsideration by Lawrence Adamczyk. (jaj) [Transferred from Illinois Southern on 6/3/2020.] |
| Filing 17 MOTION to Alter or Amend and MOTION for Reconsideration by Lawrence Adamczyk. (jaj) [Transferred from Illinois Southern on 6/3/2020.] |
| Filing 16 MOTION to Clarify by Lawrence Adamczyk. (jaj) [Transferred from Illinois Southern on 6/3/2020.] |
| Filing 15 NOTICE and MOTION to Copy by Lawrence Adamczyk. (jaj) [Transferred from Illinois Southern on 6/3/2020.] |
| Filing 14 MOTION for Reconsideration re 10 Order Directing Prisoner Payment by Lawrence Adamczyk. (jaj) [Transferred from Illinois Southern on 6/3/2020.] |
| Filing 13 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 12 Request for Waiver of Service. Document filed in the wrong case. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 6/3/2020.] |
| Filing 12 ENTRY STRICKEN: SECOND REQUEST FOR WAIVER of Service sent to Swells on 1/30/2020. Waiver of Service due by 3/2/2020. (tjk) Modified on 1/30/2020 (tjk). Modified on 1/31/2020 (jaj). Document deleted as it was filed in the incorrect case. [Transferred from Illinois Southern on 6/3/2020.] |
| Filing 11 MOTION for Copy by Lawrence Adamczyk. (jsm2) [Transferred from Illinois Southern on 6/3/2020.] |
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Filing 10
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #3 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $2.14. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court upon receipt of this Order. Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $350.00 filing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $350.00 filing fee is paid.In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Big Muddy River Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 1/29/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 6/3/2020.]
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| Filing 9 Prisoner Trust Fund Account Statement. (jaj) [Transferred from Illinois Southern on 6/3/2020.] |
| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) [Transferred from Illinois Southern on 6/3/2020.] |
| Filing 7 NOTICE FROM CLERK Instructing Adamczyk to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, 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 Adamczyk on 1/16/2020. Consent due by 2/6/2020 (tjk) [Transferred from Illinois Southern on 6/3/2020.] |
| Filing 6 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #5 Order. Document filed in error. Entry stricken. No further action required.(jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 6/3/2020.] |
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Filing 5
ENTRY STRICKEN - NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 19-1399-NJR. The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, the Court will 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. A copy of the Notice and Consent to Proceed Before a Magistrate Judge form is attached to this Order. 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 Chief Judge Nancy J. Rosenstengel on 1/2/2020. (jaj) Modified on 1/2/2020 (jaj). [Transferred from Illinois Southern on 6/3/2020.]
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Filing 4
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #3 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 6/1/2019 to 12/27/2019 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Big Muddy River Correctional Center. (Trust Fund Statement due on or before 2/18/2020). Signed by Chief Judge Nancy J. Rosenstengel on 1/2/2020. (tjk) [Transferred from Illinois Southern on 6/3/2020.]
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Lawrence Adamczyk. (jaj) [Transferred from Illinois Southern on 6/3/2020.] |
| Filing 2 Letter from USDC/SDIL to Petitioner informing him of case number and filing fee requirements. (Attachments: #1 Motion to Proceed IFP, #2 Consent to Magistrate Judge) (jaj) [Transferred from Illinois Southern on 6/3/2020.] |
| Filing 1 PETITION for Writ of Mandamus filed by Lawrence Adamczyk. (Attachments: #1 Cover Letter)(jaj) [Transferred from Illinois Southern on 6/3/2020.] |
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