Medina v. Clark et al
| Tiffanie Clark |
| Jacer Medina |
| Attorney General of the State of Illinois |
| 1:2022cv05260 |
| September 27, 2022 |
| US District Court for the Northern District of Illinois |
| Sharon Johnson Coleman |
| Prisoner: Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing 10
ORDER: Petitioner Jacer Medina has paid the $5.00 filing fee. His in forma pauperis application for the filing fee #7 is thus denied as unnecessary. Although the filing fee requirement has been satisfied, his 28 U.S.C. 2254 petition cannot yet proceed. It appears from the face of his petition that all his claims are untimely and that all but one of his claims are procedurally defaulted. Accordingly, by January 13, 2023, Petitioner must show cause in writing why his petition should not be dismissed as time-barred and why three of his claims should not be dismissed as procedurally defaulted. His failure to comply with this order will result in summary dismissal of this case without prejudice. Signed by the Honorable Sharon Johnson Coleman on 11/18/2022. Mailed notice. (ym, )
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| Filing 9 PETITION for writ of habeas corpus filed by Jacer Medina against Attorney General of the State of Illinois, Tiffanie Clark. (aee, ) |
| Filing 7 APPLICATION by Petitioner Jacer Medina for leave to proceed in forma pauperis (Exhibits). (aee, ) |
| Filing 6 STATEMENT by Jacer Medina (Exhibits). (Envelope postmarked 10/12/22) (aee, ) |
| MAILED Copy of Order dated 10/4/22 and a blank IFP form to Petitioner. (aee, ) Modified on 10/5/2022 (aee, ). |
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Filing 5
ORDER: Petitioner Jacer Medina's in forma pauperis (IFP) application #3 is denied without prejudice as incomplete. The application includes neither a copy of his prison trust account statement, nor a certificate section completed by an authorized officer at his facility, both of which are required by this Court's IFP application form. Petitioner's failure to either pay the $5.00 filing fee or submit a completed IFP application by November 4, 2022, will result in summary dismissal of this case. See N.D. Ill. Local Rule 3.3(f). Petitioner's request for the appointment of counsel #4 is denied without prejudice. Attorneys are appointed in 28 U.S.C. 2254 cases for evidentiary hearings and when the interests of justice so require. See Rule 8(c) of the Rules Governing 28 U.S.C. 2254 Cases (citing 18 U.S.C. 3006A(a)(2)); see also Cotto v. Lashbrook, No. 17 C 3719, 2017 WL 11537966, at *1 (N.D. Ill. June 2, 2017) (whether a 2254 petitioner needs an attorney is usually not determined until after a court receives and considers the response to the petition). Petitioner may repeat his request for an attorney at a later stage of this case. The Clerk of Court is directed to send a blank IFP form to Petitioner, along with a copy of this order. Signed by the Honorable Sharon Johnson Coleman on 10/4/2022. Mailed notice (aee, )
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| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff to Jacer Medina. (aee, ) |
| 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. (aee, ) |
| Filing 4 MOTION by Petitioner Jacer Medina for attorney representation (Exhibits). (aee, ) Modified on 9/28/2022 (aee, ). |
| Filing 3 APPLICATION by Petitioner Jacer Medina for leave to proceed in forma pauperis. (aee, ) Modified on 9/28/2022 (aee, ). |
| Filing 2 PRISONER CIVIL Cover Sheet. (aee, ) |
| Filing 1 PETITION for writ of habeas corpus filed by Jacer Medina against Attorney General of the State of Illinois, Tiffanie Clark. (aee, ) |
| CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (aee, ) |
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