Reed v. State of Illinois
| Bonshe D Reed |
| State of Illinois |
| 1:2020cv04739 |
| August 12, 2020 |
| US District Court for the Northern District of Illinois |
| Mary M Rowland |
| Prisoner: Habeas Corpus |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| MAILED copy of order dated 9/30/2020 #7 and a copy of order dated 8/19/2020 #5 to Petitioner Bonshe D Reed. (ec, ) |
| Filing 8 ENTERED JUDGMENT on 9/30/2020. Mailed notice. (dm, ) |
Filing 7
ORDER : The Court's August 19, 2020 order was returned undelivered as Petitioner had already transferred to the Hill Correctional Center at the time the order arrived at the Lake County Jail, where he was previously incarcerated. Upon further review of the 28 U.S.C. 2254 petition, it is clear that the types of relief it seekscompassionate release and/or relief under the First Step Actare for federal prisoners, not those incarcerated pursuant to a state sentence. See 18 U.S.C. 3582(c)(1)(A) (listing factors a federal court may consider to reduce a federal sentence); see also United States v. Shaw, 957 F.3d 734, 737 (7th Cir. 2020) (explaining the applicability of the First Step Act to federal drug sentences). Accordingly, the Court dismisses this case pursuant to Rule 4 of the Rules Governing 28 U.S.C. 2254 Cases. The Court waives collection of the $5.00 filing fee. Petitioner may appeal this order to the Seventh Circuit Court of Appeals (the appellate filing fee is $505) and/or request this Court to reconsider this order. This Court declines to issue a certificate of appealability. The Clerk of Court shall mail this order, along with the Court's August 19, 2020 order #5 , to Petitioner at the Hill Correctional Center with the above-listed prisoner identification number. Civil case terminated. Signed by the Honorable Mary M. Rowland on 9/30/2020. Mailed notice. (dm, )
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| Filing 6 MAIL RETURNED, for document #5 sent to Bonshe Reed returned as undeliverable, return to sender. New address found, re-mailed to Hill Correctional Center P.O. Box 1700 Galesburg, Il 61402 (sxh, ) |
| MAILED an IFP form, a 2254 form, and a copy of the Order dated 8/19/2020 to Petitioner and a copy of the Order to the Lake County Sheriff's Office. (pj, ) |
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Filing 5
ORDER: Petitioner Bonshe Reed, an Illinois prisoner confined at the Lake County Jail and awaiting placement in the Illinois Department of Corrections, filed a motion in Case No. 20 C 1739 seeking release from incarceration, which resulted in the initiation of a 28 U.S.C. 2254 case. His motion (now a 2254 petition) seeks either compassionate release or relief under the First Step Acttwo forms of relief applicable to federal, but not state, sentences. Before conducting a preliminary review to determine if the habeas petition may proceed, see Rule 4 of the Rules Governing 28 U.S.C. 2254 Cases, Petitioner must satisfy the filing fee requirement and submit his request for habeas corpus relief on this Court's form pursuant to N.D. Ill. Local Rule 81.3. The current habeas petition #1 is dismissed without prejudice. By September 18, 2020, Petitioner must: (1) either pay the $5.00 filing fee with a check or money order made payable to the Clerk, United States District Court for the Northern District of Illinois or submit a completed in forma pauperis (IFP) application demonstrating his inability to pay, and (2) submit his petition on this Court's form. His failure to comply with this order will result in summary dismissal of this case without prejudice. See N.D. Ill. Local Rule 3.3(f). The Clerk shall: (1) send to Petitioner an IFP form and a 2254 form, and (2) send a copy of this order to the Lake County Sheriff's Office to ensure its awareness of Petitioner's medical conditions (hypertension and diabetes), which purportedly put him at a higher risk of contracting the coronavirus or developing more serious adverse effects if contracted. If Petitioner did not intend to initiate a new case, he may seek to voluntarily dismiss this case or not respond to this order, which will result in a dismissal without prejudice. Signed by the Honorable Mary M. Rowland on 8/19/2020. Mailed notice (pj, )
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| Filing 3 MINUTE entry before the Honorable Rebecca R. Pallmeyer in Case No. 20cv1792: Mr. Reed's emergency motion seeking modification of an imposed term of imprisonment (1262) is a challenge to his continued state custody. The Clerk is directed to terminate this motion from the criminal docket, docket it as a new petition for habeas corpus relief, and assign it at random to a district judge of this court. Modified on 8/13/2020 (pj, ). |
| Filing 2 PRISONER CIVIL Cover Sheet (pj, ) |
| Filing 1 RECEIVED PETITION for Writ of Habeas Corpus filed by Bonshe D Reed against State of Illinois. (Envelope postmarked 7/13/2020) (pj, ) |
| Filing 4 Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020. Mailed notice. (pj, ) |
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