Muhammad v. People Of The State Of Illinois et al
| Kashif Muhammad |
| People Of The State Of Illinois |
| 1:2022cv05882 |
| October 24, 2022 |
| US District Court for the Northern District of Illinois |
| Charles P Kocoras |
| Prisoner: Habeas Corpus |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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This docket was last retrieved on December 20, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 ENTERED JUDGMENT. Mailed notice(vcf, ) |
Filing 6
ORDER: Petitioner has neither satisfied this Court's $5.00 filing fee requirement, nor submitted an amended 28 U.S.C. 2254 petition pursuant to the directives in the Court's October 28, 2022, order. He has filed, however, a "Writ of Error Appeal" #5 , which asserts Fourth Amendment challenges to the search of his vehicle that led to evidence supporting his felon-in-possession conviction in state court. This case is dismissed without prejudice not only for Petitioner's noncompliance with this Court's prior order and failure to satisfy the filing fee requirement, see N.D. Ill. Local Rule 3.3(f); Fed. R. Civ. P. 41(b), but also because his claims "plainly appear" to warrant no federal habeas corpus relief at this time. See Rule 4 of the Rules Governing 2254 Cases. Petitioner cannot obtain federal habeas review of his claims until he has fully exhausted his state court remedies, meaning he must present his claims in "one complete round" of state court review before this Court can address them. O'Sullivan v. Boerckel, 526 U.S. 838, 845 (1999); 2254(b). Petitioner may return to this Court with his federal claims after he has presented them to the state trial, appellate, and supreme courts. If Petitioner seeks to appeal this order, he must file a notice of appeal in this Court within 30 days of the date it is entered. Civil Case Terminated. Signed by the Honorable Charles P. Kocoras on 12/20/2022. Civil case terminated. Mailed notice(vcf, )
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| Filing 5 WRIT of error appeal by Kashif Muhammad. (Exhibits) (Envelope postmark 12/4/2022) (ph, ) |
| MAILED a blank IFP application and a blank 28 U.S.C. 2241 petition form to Petitioner. (nsf, ) |
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Filing 4
ORDER. Petitioner Kashif Muhammad, a Cook County Jail pretrial detainee, has filed a petition for habeas corpus relief in this Court. His petition, however, cannot proceed. First, he has neither paid the $5.00 filing fee nor submitted an in forma pauperis (IFP) application demonstrating his inability to pay. Second, his petition, which is not on this Court's required form, see N.D. Ill. Local Rule 81.3, does not clearly present any claims. (Dkt. 1.) The petition is thus dismissed without prejudice to filing an amended one. By November 28, 2022, Petitioner must: (1) resolve the filing fee requirement, either by paying the $5.00 fee with a check or money order made payable to the Clerk, United States District Court for the Northern District of Illinois, or by submitting a completed IFP application, and (2) submit an amended habeas petition clearly setting forth his claims. See Rule 2(c) of the Rules Governing 2254 Cases. His failure to comply with both directives will result in summary dismissal of this case. The Clerk shall send a blank IFP application and a blank 28 U.S.C. 2241 petition form to Petitioner. The Clerk shall also correct the docket to show that this is a case under 2241, as opposed to 2254. It is so ordered. Signed by the Honorable Charles P. Kocoras on 10/28/2022. Mailed notice(vcf, )
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| MAILED copy of Clerk's Notice entry along with the Joint consent form to Kashif Muhammad. (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, ) |
| CASE ASSIGNED to the Honorable Charles P. Kocoras. Designated as Magistrate Judge the Honorable Sunil R. Harjani. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment.. (gcy, ) |
| Filing 3 LETTER from Kashif Muhammad. (gcy, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (gcy, ) |
| Filing 1 RECEIVED PETITION for writ of habeas corpus filed by Kashif Muhammad. (Envelope postmark date 10/19/22).(gcy, ) |
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