Cerda v. Wills et al
| Jesus Cerda |
| Warden Anthony Wills and Anthony Wills |
| 1:2022cv07280 |
| December 27, 2022 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Prisoner: Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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This docket was last retrieved on January 27, 2023. A more recent docket listing may be available from PACER.
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Filing 8
ORDER: For the reasons stated below, the Court's preliminary review of Petitioner Jesus Cerda's petition under 28 U.S.C. 2254 indicates that it is untimely. See Habeas Petition (Dckt. No. #1 ). By February 24, 2023, Cerda must respond to this Order and show cause why his petition should not be dismissed as time barred under 28 U.SC. 2244(d). A failure to comply will result in this Court considering the timeliness issue without the benefit of his response. Signed by the Honorable Steven C. Seeger on 1/27/2023: Mailed notice (daj, )
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Filing 6
ORDER. Signed by the Honorable Steven C. Seeger on 1/9/2023. Mailed notice (aee, )
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| Filing 5 MOTION by Petitioner Jesus Cerda for attorney representation (rp, ) |
| Filing 4 APPLICATION by Petitioner Jesus Cerda for leave to proceed in forma pauperis; Notice. (Exhibits) (rp, ) |
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Filing 3
ORDER: Petitioner Jesus Cerda is a prisoner at Menard Correctional Center. He brings this pro se habeas corpus petition under 28 U.S.C. 2254 challenging his 2011 conviction for criminal sexual assault from the Circuit Court of Cook County. See Habeas Petition, at 1 (Dckt. No. #1 ). Although the Clerk accepted Cerda's petition for docketing under Rule 5(d)(4) of the Federal Rules of Civil Procedure, Cerda has neither paid the $5.00 filing fee nor filed an application to proceed in forma pauperis demonstrating his inability to pay. He must do one or the other by January 31, 2023, or else the case will be dismissed. To proceed with this lawsuit, Cerda must do one of two things. He must pay the $5.00 filing fee with a check or money order made payable to: Clerk of Court, United States District Court, 219 South Dearborn Street, Chicago, Illinois 60604, attn: Cashier's Desk, 20th Floor, which clearly identifies Petitioner's name and the case number assigned to the case. Alternatively, he must file a completed in forma pauperis application that includes his prison trust account statement showing activity in that account for the six-month period before he filed his section 2254 petition. Cerda has until January 31, 2023, to either pay the $5.00 filing fee or file a completed in forma pauperis application demonstrating his inability to pay. Cerda is warned that the Court may dismiss this action if he fails to comply with this order. Cerda is instructed to file all future papers concerning this action with the Clerk of Court in care of the Prisoner Correspondent. Any paper that is sent directly to the Judge or otherwise fails to comply with these instructions may be disregarded by the Court or returned. The Clerk is instructed to: (1) update the docket to reflect that Respondent is Anthony Wills, Warden, Menard Correctional Center, and (2) send Petitioner a blank in forma pauperis application form with instructions. Signed by the Honorable Steven C. Seeger on 1/3/2023. Mailed notice. (jjr, )
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| MAILED a blank in forma pauperis application form with instructions to Plaintiff Jesus Cerda. (jjr, ) |
| 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. (exr, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (exr, ) |
| Filing 1 RECEIVED PETITION for writ of habeas corpus filed by Jesus Cerda against Anthony Wills (exr, ) |
| CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Beth W. Jantz. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (exr, ) |
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