Knox v. Clark
| Vandaire Knox |
| Tiffany Clark |
| 1:2022cv05179 |
| September 22, 2022 |
| US District Court for the Northern District of Illinois |
| Andrea R Wood |
| Prisoner: Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing 13
ORDER: Petitioner Vandaire Knox, a state prisoner incarcerated at Illinois River Correctional Center, initiated this 28 U.S.C. 2254 habeas corpus petition pro se. He challenges his conviction of first-degree murder, which was the result of a 2011 jury trial in the Circuit Court of Cook County. (Dkt. No. 11 at 1.) Petitioner's 2254 petition states that the claim he seeks to raise in this Courtthat his attorney was ineffective for failing to call a witness at trial and present evidence to establish his innocencewas raised in a motion for leave to file a successive post-conviction petition in the state trial court. At the time he filed his 2254 petition, his motion was still pending in the state trial court. This Court has learned through Petitioner's publicly available docket (People v. Knox, 00 CR 0261301) on the Circuit Court of Cook County's website that, on September 23, 2022, the state trial court denied his motion for leave to file a successive post-conviction petition. To proceed with his 2254 petition in this Court, by November 28, 2022, Petitioner must inform this Court about the status of his successive state post-conviction challenge, i.e., whether he is still pursuing state court remedies and whether he seeks to stay his federal habeas case until he has exhausted state court remedies for his claim. Signed by the Honorable Andrea R. Wood on October 28, 2022. Mailed notice (ph, )
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| Filing 12 CERTIFICATE of Service by Petitioner Vandaire Knox regarding fee information sheet 9 . (Envelope postmarked 10/12/2022) (rc, ) |
| Filing 10 MAIL RETURNED, for document #8 sent to Vandaire Knox returned as undeliverable, return to sender. Re-mailed to 1300 W Locust St Canton, IL 30805 (jb, ) Modified on 10/18/2022 (jb, ). Modified on 10/18/2022 (jb, ). |
| Filing 11 PETITION for writ of habeas corpus filed by Vandaire Knox against Tiffany Clark. (rc, ) |
| MAILED Order #8 dated 10/03/2022 to Vandaire Knox. (rc, ) |
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Filing 8
ORDER: Petitioner Vandaire Knox initiated this 28 U.S.C. 2254 habeas petition pro se challenging his conviction of first-degree murder. He seeks leave to proceed without payment of the $5.00 filing fee. Knox received an average of $127.31 per month for the six-month period before filing his petition. This is in the context of a beginning balance of $1,772.72 and an ending balance of $669.16. An inmate cannot receive sufficient funds to pay a filing fee, spend those funds, and then contend he cannot afford to pay the fee for an action he chose to initiate. Merritte v. Templeton, 493 F. App'x 782, 78485 (7th Cir. 2012) (finding no abuse of discretion with the denial of an in forma pauperis request where the prisoner's trust account statement showed he received sufficient funds to pay the filing fee, "[t]he vast majority of [which ] were paid to prison commissaries"); Lucien v. DeTella, 141 F.3d 773, 77475 (7th Cir. 1998) ("Lucien thought clothing and sundries more valuable than continued pursuit of litigation. That is his choice; he must accept the consequences."). Because his trust fund account statement shows that he has an ability to pay the filing fee, his application for leave to proceed in forma pauperis #3 is denied. He must pay the $5.00 filing fee to proceed with this case, which he may do by check or money order made payable to Clerk, United States District Court, Northern District of Illinois. Knox's failure to comply with this order by 11/14/2022, will result in summary dismissal of this habeas action without prejudice. See N.D. Ill. Local Rule 3.3(f). The Court also denies without prejudice Knox's motion for appointment of counsel #4 . Counsel is recruited in habeas proceedings for evidentiary hearings or if justice so requires. See Rule 8(c) of the Rules Governing 28 U.S.C. 2254 Cases. The need for counsel typically cannot be made until after a response to the habeas petition has been filed. Signed by the Honorable Andrea R. Wood on 10/3/2022: Mailed notice. (rc, )
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| Filing 5 NOTICE of Correction regarding PETITION for writ of habeas corpus filed by Vandaire Knox against Tiffany Clark #1 , prisoner civil cover sheet #2 . (rc, ) |
| MAILED CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), Consent To form to Vandaire Knox. (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. (rc, ) |
| Filing 4 MOTION by Petitioner Vandaire Knox for attorney representation. (Exhibits) (rc, ) |
| Filing 3 APPLICATION by Petitioner Vandaire Knox to proceed in District Court without prepaying fees or costs. (Exhibits) (rc, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (rc, ) |
| Filing 1 PETITION for writ of habeas corpus filed by Vandaire Knox against Tiffany Clark. (rc, ) |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (rc, ) |
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