Arrieta v. Mitchell et al
| Joseph Arrieta |
| David Mitchell |
| 1:2021cv03843 |
| July 19, 2021 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Prisoner: Habeas Corpus |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 6
MINUTE entry before the Honorable Edmond E. Chang: The Petitioner paid the filing fee, R. 5, so the Court takes the petition under screening review. The tracking status hearing of 09/03/2021 is reset to 10/08/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Mailed notice (mw, )
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Filing 4
MINUTE entry before the Honorable Edmond E. Chang: Petitioner Joseph Arrieta seeks to bring a habeas petition, under 28 U.S.C 2254, challenging his resentencing. The resentencing had been conducted after the issuance of Miller v. Alabama, 567 U.S. 460 (2012) (addressing the constitutionality of a life sentence for a crime committed by a juvenile). Arrieta's application to proceed in forma pauperis #3 is denied because his prison trust-fund account statement shows that he has received an average of $352 each month during the six-month period before he filed his current petition. That is more than enough, many times over, to pay the $5.00 filing fee for a habeas petition. See Longbehn v. United States, 169 F.3d 1082, 1083-84 (7th Cir. 1999) (citing Lumbert v. Illinois Dep't of Corr., 827 F.2d 257, 260 (7th Cir. 1987)). He must pay the $5.00 fee by check or money order made payable to Clerk, United States District Court Northern District of Illinois. The Petitioner's failure to comply with this order by 08/24/2021 will result in dismissal of this case without prejudice. See N.D. Ill. Local Rule 3.3(f). To track the case only (no appearance is required), a status hearing is set for 09/03/2021 at 8:30 a.m. Mailed notice (mw, )
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Filing 3
APPLICATION by Petitioner Joseph Arrieta for leave to proceed in forma pauperis. (Exhibits) (ph, )
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Filing 2
PRISONER CIVIL Cover Sheet. (ph, )
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Filing 1
RECEIVED PETITION for writ of habeas corpus filed by Joseph Arrieta against David Mitchell. (Exhibits) (Envelope postmarked 7/14/2021) (ph, )
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CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Judge Sheila M. Finnegan. Case assignment: Direct assignment. (ph, )
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| Petitioner: Joseph Arrieta | |
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| Respondent: David Mitchell | |
| Represented By: | Chief of Criminal Appeals |
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