Boliaux v. Carvajal et al
| Edward Boliaux |
| Michael Carvajal |
| 1:2021cv00253 |
| January 14, 2021 |
| US District Court for the Northern District of Illinois |
| Sharon Johnson Coleman |
| Prisoner: Habeas Corpus |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 14 FILED PETITION for Writ of Habeas Corpus filed by Edward Boliaux. (jh, ) |
Filing 12
ORDER: Petitioner Edward Boliaux's motion for reconsideration #11 , which was received within 28 days of this Court's January 25, 2021 dismissal order, is construed as a Fed. R. Civ. P. 59(e) motion and is denied. See Boyd v. Tornier, Inc., 656 F.3d 487, 492 (7th Cir. 2011) (to obtain Rule 59(e) relief, the movant "must demonstrate a manifest error of law or fact or present newly discovered evidence"). Petitioner presents no error with the Court's prior order dismissing his 28 U.S.C. 2241 petition. If Petitioner seeks to challenge the constitutionality of his custody because the judge who presided over his criminal case was not impartial, he must do so in 28 U.S.C. 2255 motion after obtaining permission from the Seventh Circuit. See Bourgeois v. Watson, 977 F.3d 620, 632 (7th Cir. 2020) ("'In the great majority of cases,' 2255 is the 'exclusive postconviction remedy for a federal prisoner'" to challenge the validity of his conviction or criminal proceedings) (quoting Purkey v. United States, 964 F.3d 603, 611 (7th Cir. 2020)); see also 2255(h). This Court additionally notes that it addressed Petitioner's 2241 petition without first requiring him to satisfy the $5.00 filing fee requirement, which he may do by paying it with a check or money order made payable to the Clerk of the United States District Court for the Northern District of Illinois or by submitting an in forma pauperis application demonstrating his inability to pay it. Signed by the Honorable Sharon Johnson Coleman on 1/27/2021. Mailed notice. (ym, )
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| Filing 10 NOTICE of Correction regarding #9 . (jh, ) |
| Filing 11 MOTION by Petitioner Edward Boliaux for reconsideration. (jh, ) |
| Filing 9 ENTERED IN ERROR. (Faulty PDF) (jh, ) Modified on 1/26/2021 (jh, ). |
| Filing 8 ENTERED JUDGMENT. Mailed notice. (ym, ) |
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Filing 7
ORDER: Petitioner Edward Boliaux's current 28 U.S.C. 2241 petition #1 asserts a constitutional challenge to his conviction. He asserts that, because Judge Manish Shah was a supervisor at the United States Attorney's Office while other members of that office investigated Boliaux's offenses, his Fifth Amendment right to a fair trial was violated. Boliaux's constitutional challenge should have been raised in his previously filed 28 U.S.C. 2255 motion or should be filed in a successive 2255 motion after obtaining permission to file it from the Seventh Circuit Court of Appeals. See 2255(h). This Court thus dismisses Boliaux's current 2241 petition without prejudice to him seeking permission from the Seventh Circuit to bring his claim in a successive 2255 motion. See Seventh Circuit Rule 22.2. All pending motions are denied. Civil case terminated. Signed by the Honorable Sharon Johnson Coleman on 1/25/2021. Mailed notice. (ym, )
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| Filing 6 PRO SE Appearance by Petitioner Edward Boliaux. (jh, ) |
| Filing 5 MOTION by Petitioner Edward Boliaux for leave to Amend Petition for a Writ of Habeas Corpas under 28 USC 2241 and Memorandum of Law in Support of Petition for a Writ of Habeas Corpus under 28 USC 2241. (Exhibits) (jh, ) |
| Filing 4 NOTICE of Appearance for Pro Se Litigant filed by Edward Boliaux. (jh, ) |
| Filing 3 MEMORANDUM of law filed by Edward Boliaux (daj, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (daj, ) |
| Filing 1 PETITION for writ of habeas corpus filed by Edward Boliaux against Michael Carvajal (daj, ) |
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| Respondent: Michael Carvajal | |
| Represented By: | AUSA - Chicago |
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| Petitioner: Edward Boliaux | |
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