Cossio v. The Air Force Court of Criminal Appeals et al
| Jose Antonio Cossio, Jr. |
| The AIr Force Court of Criminal Appeals, The Department of The Air Focce, Frank Kendall and The Department of The Air Force |
| 1:2022cv00110 |
| January 7, 2022 |
| US District Court for the Northern District of Illinois |
| Harry D Leinenweber |
| Mary M Rowland |
| Prisoner: Mandamus & Other |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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Filing 34
ORDER: Plaintiff's motion to request another counsel #30 is granted. Barbara J. Revak, is hereby withdrawn. The Court recruits Mark Scott Bernstein, Akerman LLP, 71 S. Wacker Drive, 46th Floor, Chicago, Illinois, 60606, (312) 870-8057, mark.bernstein@akerman.com, to represent the plaintiff. Telephonic status hearing set for 3/29/22 at 9:45 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. Parties shall file a joint status report on or before 3/23/22. No appearance is needed on 2/17/22. Signed by the Honorable Harry D. Leinenweber on 2/16/2022. Mailed notice (aee, )
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| Filing 33 NOTICE of Motion by Jose Antonio Cossio, Jr for presentment of motion for appointment of counsel #32 before Honorable Harry D. Leinenweber on 2/17/2022 at 09:30 AM. (aee, ) |
| Filing 32 MOTION by Plaintiff Jose Antonio Cossio, Jr for appointment of counsel (Exhibits). (aee, ) |
| Filing 31 NOTICE of Motion by Jose Antonio Cossio, Jr for presentment of motion to re-request of counsel #30 before Honorable Harry D. Leinenweber on 2/17/2022 at 09:30 AM. (aee, ) |
| Filing 30 MOTION by Plaintiff Jose Antonio Cossio, Jr to re-request of counsel (Exhibits). (aee, ) |
| Filing 29 MINUTE entry before the Honorable Harry D. Leinenweber: Motion to allow e-filing is denied #22 . Counsel for plaintiff is appointed in this case and will serve as delivery for electronic notices and will advise the plaintiff of the status of the case. Motion to set this case for status #26 is granted. Telephonic status set on 3/29/22 at 9:45 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. No appearance is needed on 2/15/22. Mailed notice(maf) |
| Filing 27 NOTICE of Motion by Jose Antonio Cossio, Jr for presentment of motion to set/reset hearings #26 before Honorable Harry D. Leinenweber on 2/15/2022 at 09:30 AM. (aee, ) |
| Filing 26 MOTION by Plaintiff Jose Antonio Cossio, Jr to set/reset hearings. (aee, ) |
| Filing 25 NOTICE of Motion by Jose Antonio Cossio, Jr for presentment of motion to allow e-filing #22 before Honorable Harry D. Leinenweber on 2/15/2022 at 09:30 AM. (aee, ) |
| Filing 24 NOTICE of Correction regarding #23 . (aee, ) |
| Filing 23 NOTICE of motion by Jose Antonio Cossio, Jr. (aee, ) |
| Filing 22 ROUTINE MOTION by Plaintiff Jose Antonio Cossio, Jr to allow e-filing. (aee, ) Modified on 2/9/2022 (aee, ). |
| Filing 28 COMPLAINT filed by Jose Antonio Cossio, Jr (Exhibits). (aee, ) |
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Filing 21
ORDER: Plaintiff Jose Antonio Cossio Jr.'s motion for a preliminary injunction #10 is withdrawn. Cossio's petition to proceed in forma pauperis and for attorney representation #4 is granted. The Court has authority under 28 U.S.C. 1915(a)(1) and (e)(1) to authorize the commencement of any suit without the prepayment of fees and request an attorney to represent any person unable to afford counsel. The Court's review of the pro se complaint reveals a potential claim, and the Court finds that a court-appointed attorney would greatly assist the Court in determining the merits of Cossio's suit. The Court recruits Barbara J. Revak, Cook, Revak & Asscociates, Ltd., 7411 S. Stony Island Avenue, Chicago, Illinois, 60649, (312) 752 - 2000, cook-revak@ameritech.net, to represent the plaintiff. Telephonic status hearing set for 3/29/22 at 9:45 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. Parties shall file a joint status report on or before 3/23/22. Signed by the Honorable Harry D. Leinenweber on 2/8/2022. Mailed notice (aee, )
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| Filing 20 NOTICE by Jose Antonio Cossio, Jr of withdraw of motion. (aee, ) |
| Filing 19 NOTICE by Jose Antonio Cossio, Jr. (aee, ) |
| Filing 18 RECEIVED Amended Verified Complaint for Mandamus Relief and no copies by Jose Antonio Cossio, Jr. (aee, ) |
| Filing 17 EXECUTIVE COMMITTEE ORDER: It appearing that 22 CV 110, Cossio v. The Air Force Court of Criminal Appeals et al., is currently pending before the Hon. Mary M. Rowland.; and It further appearing that 11 CV 9178, Cossio v. The Department of the Air Force et al., was assigned to the Hon. Harry D. Leinenweber; therefore It is hereby ordered that pursuant to Local Rule 40.3(b)(2) that 22 CV 110, Cossio v. The Air Force Court of Criminal Appeals et al., shall be reassigned to Judge Leinenweber. Honorable Mary M. Rowland no longer assigned to the case. Signed by Executive Committee on 2/3/22. (aee, ) |
| Filing 16 MINUTE entry before the Honorable Mary M. Rowland: Defendants' motion to reassign case pursuant to LR 40.3(b)(2) #12 is granted. This case involves the same parties and subject matter as a previously dismissed case, Cossio v. United Sates Air Force, No. 11-CV-9178 (Leinenweber, J.). In the previous case, the court considered Plaintiff's collateral attack on his conviction in a military (Air Force) proceeding. This case challenges the result of that same military proceeding although this case adds the Air Force Court of Appeals as a defendant and substitutes the current Secretary of the Air Force. The previous case was dismissed with prejudice. Id., at dkt. 43. That decision was affirmed by the Court of Appeals. This case challenges the same military tribunal conviction based on ineffective assistance of counsel, the previous case alleged violation of Brady. But that difference is not relevant under LR 40.3(b)(2). The Local Rule requires that when a case "is dismissed with prejudice or without, and a second case is filed involving the same parties and relating to the same subject matter, the second case shall be assigned" (emphasis added). This Court respectfully requests the Executive Committee to reassign this case to the docket of the Honorable Judge Leinenweber. Mailed notice. (dm, ) |
| Filing 13 CERTIFICATE of Service by Kate F Lambert on behalf of All Defendants regarding MOTION by Defendants Frank Kendall, The Air Force Court of Criminal Appeals, The Department of The Air Force to reassign case pursuant to LR 40.3(b)(2) #12 (Lambert, Kate) |
| Filing 15 NOTICE of Motion by Jose Antonio Cossio, Jr. (aee, ) |
| Filing 14 REPLY by Plaintiff Jose Antonio Cossio, Jr to defendant's motion to reassign case. (aee, ) |
| Filing 12 MOTION by Defendants Frank Kendall, The Air Force Court of Criminal Appeals, The Department of The Air Force to reassign case pursuant to LR 40.3(b)(2) (Lambert, Kate) |
| Filing 11 DESIGNATION of Kate F Lambert as U.S. Attorney for Defendants Frank Kendall, The Air Force Court of Criminal Appeals, The Department of The Air Force (Lambert, Kate) |
| Filing 10 RULE 56 MOTION by Plaintiff Jose Antonio Cossio, Jr for preliminary injunction; Notice. (Exhibits) (ph, ) |
| Filing 9 CERTIFICATE of Service by Jose Antonio Cossio, Jr. (nsf, ) |
| Filing 8 RECEIVED Proof of Service by Jose Antonio Cossio, Jr. (Attachments: #1 Received Proof of Service, #2 Received Proof of Service, #3 Received Proof of Service, #4 Received Prood of Service)(gcy, ) |
| 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, ) |
| Filing 4 APPLICATION by Plaintiff Jose Antonio Cossio, Jr for leave to proceed in forma pauperis and affidavit. (gcy, ) |
| Filing 3 PRO SE Appearance by Plaintiff Jose Antonio Cossio, Jr. (gcy, ) |
| Filing 2 CIVIL Cover Sheet. (gcy, ) |
| CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (gcy, ) |
| Filing 1 RECEIVED Complaint and 0 copies by Jose Antonio Cossio, Jr. (Attachments). (gcy, ) |
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