Brown v. Truitt
| Kiar Brown |
| C. Truitt and David Gomez |
| 1:2022cv01805 |
| April 5, 2022 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Prisoner: Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 9 RESPONSE to order to show cause by Petitioner Kiar Brown. (Exhibits) (daj, ) |
Filing 8
ORDER Signed by the Honorable John J. Tharp, Jr on 5/17/2022: This Court has received, in accordance with its 4/13/22 order, Petitioner Kiar Brown's payment of the $5.00 filing fee and a 28 U.S.C 2254 petition. Preliminary review of the petition indicates that it is time-barred. See 28 U.S.C. 2244(d) (a one-year limitations period applies to federal habeas petitions). Before this case can proceed, even just to stay it while successive state post-conviction proceedings are pending, Petitioner must show cause in writing why this case should not be dismissed as untimely. Petitioner's response to this order is due by 6/17/22. His failure to respond may result in summary dismissal of this case without prejudice. Mailed notice(air, )
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| Filing 7 PETITION for writ of habeas corpus filed by Kiar Brown against David Gomez (jmk, ) |
| Filing 5 DECLARATION of Kiar Brown. (Attachments). (gcy, ) |
| Filing 4 RECEIVED PETITION for Writ of Habeas Corpus by Kiar Brown. (Attachments). (gcy, ) |
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Filing 3
ORDER: Petitioner Kiar Brown, an Illinois prisoner at Stateville Correctional Center, has filed a motion to stay 28 U.S.C. 2254 proceedings in this Court. Petitioner, however, has not paid the $5.00 filing fee or submitted an in forma pauperis application demonstrating his inability to pay. Nor has he submitted a 2254 petition. Although his motion to stay tracks much of the language from this Court's 2254 petition form, it fails to identify any grounds for relief. Without an actual petition on file, this Court has no jurisdiction to grant a stay or to toll the running of the statute of limitations (and Petitioner is advised that the filing of his motion itself has not tolled the statute of limitations from running). In order for this case to remain pending in this Court, Petitioner must, by May 11, 2022: (1) either pay the filing fee or submit a completed IFP application; and (2) submit a 2254 petition that is on this Court's form, that states his grounds for relief, and that includes information about his pending st ate post-conviction proceedings. See N.D. Ill. Local Rule 81.3. Failure to comply will result in summary dismissal of this case without prejudice. See Local Rule 3.3(f); see also Fed. R. Civ. P. 41(b); Rule 2(c)-(d) of the Rules Governing 2254 Cases. The Clerk shall send to Petitioner a 2254 petition form and an IFP form, and shall also change the name of the Respondent to David Gomez, Stateville's current warden. See 2254 Rule 2(a). Signed by the Honorable John J. Tharp, Jr on 4/13/2022: Mailed notice. (rc, )
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| MAILED 2254 petition form, IFP form, Order #3 dated 04/13/2022 to Kiar Brown. (rc, ) |
| 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. (ph, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff Kiar Brown. (ph, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (ph, ) |
| Filing 1 RECEIVED MOTION FOR LATE STAY-IN-ABEYANCE FOR PETITION for writ of habeas corpus and no copies filed by Kiar Brown against C. Truitt. (Envelope postmarked 4/1/2022) (ph, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey Cole. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (ph, ) |
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