Hurtado-Meza v. Downey et al
| Mario Hurtado-Meza |
| Michael Downey and U.S. Marshal |
| 1:2023cv03799 |
| June 15, 2023 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Thomas M Durkin |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Remedies on motion attacking sentence |
| None |
Docket Report
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| Filing 6 EXECUTIVE COMMITTEE ORDER: It appearing that 23-cv-03799, Hurtado-Meza v. Downey et al, was randomly assigned to the Hon. John Robert Blakey and Designate Magistrate Judge Jeffrey I. Cummings, and It further appearing that the plaintiff in this case claims to seek relief under 28 U.S.C. 2255 in connection with 20-cr-00458-2, USA v. Eskafyan et al, presided over by the Hon. Thomas M. Durkin and Designate Magistrate Judge Heather K. McShain, and that 23-cv-03799 should be directly assigned to the Hon. Thomas M. Durkin and Designate Magistrate Judge Heather K. McShain pursuant to Local Rule 40.3(b), therefore IT IS HEREBY ORDERED That the Clerk is to reassign 23-cv-03799, Hurtado-Meza v. Downey et al, to the Hon. Thomas M. Durkin and Designate Magistrate Judge Heather K. McShain. Case reassigned to the Honorable Thomas M. Durkin for all further proceedings. Honorable John Robert Blakey no longer assigned to the case. Signed by Executive Committee on 07/27/2023. (rc, ) |
Filing 5
ORDER: The Court directs the Clerk of Court to: (1) treat Petitioner's filing #1 as a 28 U.S.C. 2255 motion; (2) reassign this matter to the Honorable Thomas M. Durkin, who presided over Petitioner's criminal case, United States v. Eskafyan, et al., No. 20 CR 0458-2 (N.D. Ill.); and (3) adjust the docket to reflect that the Nature of Suit is a 510 (Prisoner: Vacate Sentence) and the Cause of Action is 28 U.S.C. 2255 (Remedies on motion attacking sentence). Signed by the Honorable John Robert Blakey on 7/24/2023: Mailed notice. (rc, )
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| Filing 4 MAILED Rule 83.15 Letter to all counsel of record. (ph, ) |
| Filing 3 RECEIVED from Illinois Central; Case Number 2:23-cv-02106. (ph, ) |
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TEXT ORDER entered by Judge Colleen R. Lawless on 6/12/2023: Petitioner has filed a Petition for Writ of Habeas Corpus #1 . Petitioner states he was held as a pretrial federal detainee at the Jerome Combs Detention Center, in Kankakee, Illinois, from August 25, 2020 until March 10, 2023. On March 10, 2023, he was sentenced in Case No. 20-cr-00458-2, in the United States District Court for Northern District of Illinois. Petitioner states he is filing this motion "pursuant to 28 U.S.C. 2255, Fed. R. Crim. P. Rule 35, the Due Process Clause and the Double Jeopardy Clause of the Fifth Amendment and prohibition of cruel and unusual punishment of the Eighth Amendment" and is seeking to challenge his federal conviction and sentence based on his treatment in pretrial detention. Pursuant to 28 U.S.C. 2255(e), Petitioner must present challenges to his federal conviction and sentence "to the court which sentenced him." Accordingly, the Court finds it does not have jurisdiction over Petitioner's claims and TRANSFERS this case to the District Court for the Northern District of Illinois pursuant to 28 U.S.C. 1631. (BL) [Transferred from Illinois Central on 6/15/2023.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Mario Hurtado-Meza. Responses due by 5/24/2023. (BL) [Transferred from Illinois Central on 6/15/2023.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Mario Hurtado-Meza. (Attachments: #1 Envelope)(BL) (Additional attachment(s) added on 5/10/2023: #2 Exhibits) (BL). [Transferred from Illinois Central on 6/15/2023.] |
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