Mitchell v. Yates et al
| Dannel Maurice Mitchell |
| Mr. Thomas Yates and Mr. John Pellar |
| 1:2020cv06118 |
| October 14, 2020 |
| US District Court for the Northern District of Illinois |
| Robert W Gettleman |
| Prisoner: Mandamus & Other |
| 28 U.S.C. § 1361 |
| None |
Docket Report
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This docket was last retrieved on December 11, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| FORWARDED copy of document #18 , #25 to the USCA. (rc, ) |
Filing 25
ORDER: The clerk of this court is directed to send this order and the court's December 1, 2020 order to the Seventh Circuit Court of Appeals. As stated in this court's prior order, this court certifies that petitioner's appeal is not taken in good faith, see 28 U.S.C. 1915(a)(3), and his current motion to proceed in forma pauperis on appeal #22 , like his prior IFP request, is denied without prejudice him seeking such relief from the court of appeals. The clerk of this court shall also terminate petitioner's motion to appeal #17 as a pending motion Signed by the Honorable Robert W. Gettleman on 12/9/2020. Mailed notice (rc, ) .
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| Filing 24 CIRCUIT Rule 3(b) Fee Notice. (rc, ) |
| Filing 23 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #19 ; USCA Case No. 20-3326 (rc, ) |
| Filing 21 TRANSMITTED to the 7th Circuit the short record on notice of appeal #19 . Notified counsel (rc, ) |
| Filing 20 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #19 (rc, ) |
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Filing 18
ORDER: The Clerk of Court is directed to docket Petitioner's motion to appeal #17 as a notice of appeal of this court's October 20, 2020 dismissal order. Petitioner's request to proceed in forma pauperis (IFP) in that motion is denied as this court, for the reasons stated in its prior orders, certifies that petitioner's appeal is not taken in good faith. See 28 U.S.C. 1915(a)(3). Petitioner's motion for a form mandamus petition #16 is denied. His motion for the recruitment of counsel #15 is denied without prejudice to him seeking such relief from the court of appeals. Signed by the Honorable Robert W. Gettleman on 12/1/2020: Mailed notice (rc, )
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| Filing 22 APPLICATION by Plaintiff Dannel Maurice Mitchell for leave to proceed in forma pauperis (Envelope postmarked 11/18/2020) (lma, ) |
| Filing 15 MOTION by Plaintiff Dannel Maurice Mitchell for counsel. (Envelope postmarked 11/23/2020) (ph, ) |
| Filing 19 NOTICE of appeal by Dannel Maurice Mitchell regarding orders #9 , #10 . Filing fee $ 505. (Envelope postmarked 11/05/2020) (rc, ) |
| Filing 17 MOTION to Appeal by Plaintiff Dannel Maurice Mitchell (Envelope postmarked 11/05/2020) (daj, ) |
| Filing 16 MOTION by Plaintiff Dannel Maurice Mitchell for several forms of: 1) 28 U.S.C. 1361 2) Poor Person Motion's. (Envelope postmarked 11/5/2020) (ph, ) |
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Filing 14
ORDER: Petitioner's motion to amend his petition for a writ of mandamus #13 , which states that his current cellmate exhibits symptoms of the coronavirus, is denied. This case remains dismissed. In addition to sending this order to petitioner, the Clerk of Court is directed to send it, along with the motion to amend #13 , to the warden at the Lincoln Correctional Center, who should be made aware of petitioner's allegation that his cellmate may have the coronavirus. Signed by the Honorable Robert W. Gettleman on 11/12/2020: Mailed notice (rc, )
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| MAILED Order dated 11/12/2020 to Dannel Maurice Mitchell. (rc, ) |
| MAILED Order dated 11/12/2020, Motion #13 to Warden at the Lincoln Correctional Center. (rc, ) |
| MAILED docket entries 9-12 to Dannel Mitchell (cp, ) |
| Filing 13 MOTION by Plaintiff Dannel Maurice Mitchell to amend mandamus. (Envelope postmarked 11/02/2020) (rc, ) |
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Filing 12
ORDER: For the reasons stated in the court's 10/20/20 order, petitioner's recently received second motion to proceed in forma pauperis #11 is denied. Signed by the Honorable Robert W. Gettleman on 10/26/2020. Mailed notice (cn).
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| Filing 11 APPLICATION by Plaintiff Dannel Maurice Mitchell for leave to proceed in forma pauperis (Exhibits) (Envelope postmarked 10/12/2020) (bg, ) |
| Filing 10 ENTERED JUDGMENT. Mailed notice. (bg, ) |
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Filing 9
ORDER: Petitioner's petition for a writ of mandamus against a Chicago legal assistance organization that helps individuals with AIDS #1 is dismissed for lack of jurisdiction. The petition seeks a "mandamus pursuant to the code of civil procedure 735 ILCS 5/14-101, et seq., directed to" state or local organizations, not to federal officials upon whom this court can grant a federal writ of mandamus. See Dkt. 1, pg. 1; see also 28 U.S.C. 1361 ("The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff."); 28 U.S.C. 1651 (federal courts "may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law); see also Kennedy v. Rodgers, No. 20-CV-454-NJR, 2020 WL 3411174, at *2 (S.D. Ill. June 22, 2020) ("Section 1651 does not vest the Court with jurisdiction to issue writs of mandamus against state officials"). The dismissal of the petition is without prejudice to petitioner seeking relief in state court or another venue. Petitioner's motions to proceed in forma pauperis, for appointment of an attorney, and to file his petition [ #3 , #4 , #5 , #7 ], as well as any other pending motion, are denied. Although this case cannot proceed in this court, the Clerk of Court is directed to forward a copy of this order to the Warden of Lincoln Correctional Center, who should be able to inform the correctional officials who assist prisoners with housing and other needs prior to their release about petitioner's requests for assistance. Signed by the Honorable Robert W. Gettleman on 10/20/2020. Mailed notice(bg, )
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| MAILED copy of order dated 10/20/2020 to the Warden of Lincoln Correctional Center. (bg, ) |
| Filing 7 MOTION by Plaintiff Dannel Maurice Mitchell to Enter Information (axc, ) |
| Filing 6 LETTER from Dannel Mitchell dated 10/6/2020. (axc, ) |
| Filing 5 MOTION by Plaintiff Dannel Maurice Mitchell for Leave to File Petition of Mandamus (axc, ) |
| Filing 4 MOTION by Plaintiff Dannel Maurice Mitchell for attorney representation (axc, ) |
| Filing 3 APPLICATION by Plaintiff Dannel Maurice Mitchell for leave to proceed in forma pauperis (axc, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (axc, ) |
| Filing 1 RECEIVED PETITION OF MANDAMUS and 0 copies by Dannel Maurice Mitchell (Envelope postmarked 10/8/2020) (axc, ) |
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