Davis v. Warden
| Mykai Davis |
| Warden |
| 1:2021cv06356 |
| November 29, 2021 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Prisoner: Habeas Corpus |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on December 1, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 TRANSFERRED the case record to the Western Division 21cv50450. (jp, ) |
| Filing 6 DIVISIONAL TRANSFER Notice. Case transferred to Western Division - Rockford. Pursuant to transfer order: #5 . (jn, ) |
| MAILED order dated 11/30/2021 #5 to Mykai Davis (jn, ) |
Filing 5
ORDER. Signed by the Honorable Manish S. Shah on 11/30/2021: The district court in the Southern District of New York has transferred this 28 U.S.C. 2241 case to this Court. Petitioner Mykai Davis is confined at the United States Penitentiary (USP) in Thomson, Illinois, which is in Carroll County in the Western Division of this Court. Habeas corpus petitions under 2241 must be brought in the court that has jurisdiction over the petitioner's custodian. See Rumsfeld v. Padilla, 542 U.S. 426, 435-43 (2004); Webster v. Daniels, 784 F.3d 1123, 1145 (7th Cir. 2015). For prisoners at USP Thomson, the proper court for a 2241 action is the Western Division of the Northern District of Illinois. Accordingly, the Clerk is directed to transfer this case to the Western Division and to close the case in the Eastern Division. See 28 U.S.C. 1404(a) and 1406(a). The Clerk's Office is directed to mail a copy of this order to petitioner. Notices mailed. (psm, )
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| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (gcy, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Mykai Davis. (gcy, ) |
| Filing 4 MAILED Prisoner Local Rule 83.15 Letter to all parties of record. (gcy, ) |
| Filing 3 RECEIVED from New York Southern; Case Number 1:21-cv-08876 (gcy) |
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Filing 2
TRANSFER ORDER: The Clerk of Court directed to transfer this action to the United States District Court for the Northern District of Illinois. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. This order closes this case. Because Petitioner has not at this time made a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is also directed to mail a copy of this order to Petitioner and note service on the docket. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/19/21) (rdz) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 11/29/2021.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(wb) [Transferred from New York Southern on 11/29/2021.] |
| Transmission to Office of the Clerk of Court. Transmitted re: #2 Order, to the Office of the Clerk of Court for processing..(rdz) [Transferred from New York Southern on 11/29/2021.] |
| Mailed a copy of #2 Order to Mykai Davis, Reg. No. 71995-054 at Administrative United States Penitentiary, P.O. Box 1002, Thomson, IL 61285. (kh) [Transferred from New York Southern on 11/29/2021.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Mykai Davis.(rdz) [Transferred from New York Southern on 11/29/2021.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 11/29/2021.] |
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