Ross v. Sixth District Markham Municipal Center
| Sixth District Markham Municipal Center |
| John Ross |
| 1:2020cv05317 |
| September 9, 2020 |
| US District Court for the Northern District of Illinois |
| Robert W Gettleman |
| Prisoner: Habeas Corpus |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on September 11, 2020. A more recent docket listing may be available from PACER.
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| Filing 10 ENTERED JUDGMENT on 9/11/2020. Mailed notice (cn). |
Filing 9
ORDER: Illinois prisoner John Ross's 28 U.S.C. 2254 petition was transferred to this court from the Southern District of Illinois. The petition challenges his 1977 Cook County conviction for rape. In 2002, Ross previously filed a 2254 petition challenging the same conviction, which this court dismissed as time-barred under 28 U.S.C. 2244(d)(1)'s one-year statute of limitations. See Ross v. Markham Police Department, No. 02 C 2174 (N.D. Ill.). Before Ross can bring a second 2254 petition challenging the same conviction, he must "move in the appropriate court of appeals for an order authorizing the district court to consider [it]." 28 U.S.C. 2244(b)(3); see also Altman v. Benik, 337 F.3d 764, 766 (7th Cir. 2003) (though not every 2254 petition dismissed on a procedural ground results in a subsequently filed 2254 petition being successive under 2244(b), "a prior untimely petition does count"). Accordingly, Ross's current 2254 petition is dismissed without prejudice to him first obtaining permission from the Seventh Circuit to file it. The procedures to do so are explained in Seventh Circuit Rule 22.2. The instant case in this court is closed. If Ross seeks to appeal this order, he must file a notice of appeal within 30 days of the date this order is entered; this court declines to issue a certificate of appealability. Signed by the Honorable Robert W. Gettleman on 9/11/2020. Mailed notice (cn).
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| Filing 8 MAILED Prisoner Local Rule 83.15 Letter to all parties of record. (bg, ) |
| Filing 7 RECEIVED from Illinois Southern; Case Number 3:20-cv-00810 (bg) |
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Filing 6
ORDER: Case transferred to United States District Court for the Northern District of Illinois. Signed by Judge Staci M. Yandle on 9/8/2020. (bps) [Transferred from Illinois Southern on 9/9/2020.]
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Filing 5
ORDER GRANTING Petitioner's motion to proceed in forma pauperis (Doc. #2 ) based on the financial information provided with his motion. Signed by Judge Staci M. Yandle on 8/28/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 9/9/2020.]
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Filing 4
NOTICE AND ORDER: The Court has received your Petition for Writ of Habeas Corpus and a motion to proceed without prepayment of the filing fee. Your case number is 20-cv-810-SMY. The following is important information concerning the initial stages of your lawsuit. After your filing fee status is determined the Court will review your petition to determine whether it survives preliminary review under Rule 4 and Rule 1(b) of the Rules Governing Section 2254 Cases in United States District Courts. The Court will conduct this review within the next 60 days and inform you of the findings in an 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 do not receive a preliminary review Order within the next 60 days, you may file a motion requesting the status of your case. If you filed a motion for recruitment of counsel, it will not be considered until the Court has completed the preliminary review of your petition. 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). In the event your petition survives the preliminary review, the Court will instruct the respondent to file a response to the petition and you will be notified of your deadline to file a reply. 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 Staci M. Yandle on 8/21/2020. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 9/9/2020.]
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| Filing 3 MOTION for Recruitment of Counsel by John Ross. (jsm2) [Transferred from Illinois Southern on 9/9/2020.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by John Ross. (jsm2) [Transferred from Illinois Southern on 9/9/2020.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by John Ross.(jsm2) [Transferred from Illinois Southern on 9/9/2020.] |
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