Northern v. Dart et al
| Shedrick Northern |
| Thomas Dart |
| 1:2023cv05170 |
| August 4, 2023 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Prisoner: Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.
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Filing 20
ORDER Signed by the Honorable John J. Tharp, Jr on 9/27/2023: For the reasons below, Petitioner Shedrick Northern's "Emergency Motion for Reconsideration Based on Newly Diagnosed Severe Medical Condition and for an Exception to Younger Abstention" #19 is denied. Further motions of similar ilk will be summarily denied if they fail to address the deficiencies noted by this Court below and in the Court's' prior rulings (also cited below).Mailed notice(air, )
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| Filing 19 EMERGENCY MOTION by Petitioner Shedrick Northern for reconsideration based on newly diagnosed severe medical condition and for an exception to younger abstention (Exhibits). (aee, ) |
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Filing 18
ORDER Signed by the Honorable John J. Tharp, Jr on 9/13/2023: Petitioner Shedrick Northern's "Emergency Motion to Reconsider and Intervene" #15 andhis "Moton for Exception to Younger Abstention Doctrine" #17 , which the Court will construe as Fed. R. Civ. P. 59(e) motions, are denied for the same reasons stated in the Court's prior orders denying Rule 59(e) relief. This Court will not intervene in Petitioner's pending state criminal proceedings, and Petitioner has not demonstrated that irreparable injury, as described in Youngerv. Harris, 401 U.S. 37, 43 (1971), will result without this Court's intervention. See Younger, 401 U.S. at 43-44; Sweeney v. Bartow, 612 F.3d 571, 573 (7th Cir. 2010) (a state criminal defendant may challenge his criminal proceedings "without being barred by the Younger doctrine [only] if immediate federal intervention is necessary to prevent the challenge from becoming moot"). As stated in this Court's prior orders, Petitioner should be able to raise his federal claims after his state proceedings conclude, and the state trial court appears to be accommodating his medical needs. Mailed notice(air, )
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| Filing 17 MOTION by Petitioner Shedrick Northern for exception to Younger Abstention Doctrine (Exhibits). (aee, ) |
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Filing 13
ORDER Signed by the Honorable John J. Tharp, Jr on 9/1/2023: Petitioner Shedrick Northern's motion to reconsider #11 is construed as a Fed. R. Civ. P. 59(e) motion and, as so construed, is denied. The reasons stated in the Court's August 21 and August 29, 2023, ordersthe latter of which addressed his current concerns about recently being diagnosed with Carbapenem-Resistant Enterobacterales (CRE)apply to the instant motion. Federal courts cannot interfere with pending state court proceedings; Petitioner has not sufficientlydemonstrated that one of the very limited exceptions to this rule applies; the state trial court thus far has accommodated his medical needs; and he has not fully exhausted state court remedies for his current claims. Younger v. Harris, 401 U.S. 37, 43 (1971); Sweeney v. Bartow, 612 F.3d 571, 573 (7th Cir. 2010); Olsson v. Curran, 328 Fed. Appx. 334, 335 (7th Cir. 2009). For all thesereasons, his motion to reconsider, construed as a Rule 59(e) motion, is denied. Cincinnati Life Ins. Co. v. Beyrer, 722 F.3d 939, 954 (7th Cir. 2013).Mailed notice(air, )
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| Filing 15 EMERGENCY MOTION by Petitioner Shedrick Northern to reconsider and intervene. (aee, ) |
| Filing 14 LETTER from Kelly Hardesty NP dated 8/25/2023. (aee, ) |
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Filing 12
ORDER Signed by the Honorable John J. Tharp, Jr on 8/29/2023: Petitioner Shedrick Northern's "motion to present medical documents" #8 , which wasdocketed after the Court entered its order dismissing this case, is construed as a Federal Rule Civil Procedure 59(e) motion to alter or amend the Court's dismissal order. For the reasons below, the Rule 59(e) motion is denied. If Petitioner seeks to appeal this order or the Court's 8/21/23 dismissalorder, he must file a notice of appeal in this Court within 30 days of the date this order is entered on the docket. See Fed. R. App. P. 4(a). (For further details see order) Mailed notice(air, )
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| Filing 11 MOTION by Petitioner Shedrick Northern to reconsider order (Exhibits). (aee, ) |
| Filing 10 NOTICE of Correction regarding #7 . (jh, ) |
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Filing 9
ORDER: Petitioner Shedrick Northern's motion to proceed in forma pauperis 5 is granted. His 28 U.S.C. 2241 petition 1 is denied. The denial is without prejudice to him raising his claims in a 28 U.S.C. 2254 petition if his pending state criminal proceedings result in a conviction. His motion for an emergency federal judicial intervention 6 is denied. If Petitioner seeks to appeal this order, he must file a notice of appeal within 30 days of the date this order is entered on the docket. A certificate of appealability, to the extent it is required, is denied. Civil Case Terminated. Signed by the Honorable John J. Tharp, Jr on 8/21/2023:Mailed notice (jh, )
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| Filing 8 MOTION by Petitioner Shedrick Northern to present medical documents. (Exhibit) (daj, ) |
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Filing 7
ORDER: Petitioner Shedrick Northern's motion to proceed in forma pauperis #5 is granted. His 28 U.S.C. 2241 petition #1 is denied. The denial is without prejudice to him raising his claims in a 28 U.S.C. 2254 petition if his pending state criminal proceedings result in a conviction. His motion for an emergency federal judicial intervention #6 is denied. If Petitioner seeks to appeal this order, he must file a notice of appeal within 30 days of the date this order is entered on the docket. A certificate of appealability, to the extent it is required, is denied. Civil Case Terminated. Signed by the Honorable John J. Tharp, Jr on 8/21/2023. Mailed notice (jh, ) Modified on 8/23/2023 (jh, ). (INCORRECT PDF ATTACHED, SEE DOC.#9 )
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| Filing 6 EMERGENCY MOTION by Petitioner Shedrick Northern for immediate judicial intervention and relief due to constitutional violations, critical medical condition, and broader public health concerns. (Exhibits) (rp, ) |
| Filing 5 APPLICATION by Petitioner Shedrick Northern for leave to proceed in forma pauperis (rp, ) |
| Filing 4 PRO SE Appearance by Petitioner Shedrick Northern. (jj, ) |
| Filing 3 CIVIL Cover Sheet. (jj, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (jj, ) |
| Filing 1 RECEIVED PETITION for writ of habeas corpus pursuant to 28 U.S.C. 2241 & 2254 and no copies filed by Shedrick Northern against Thomas Dart. (Exhibits). (jj, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Beth W. Jantz. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Direct assignment. (jj, ) |
| 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. (jj, ) |
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| Petitioner: Shedrick Northern | |
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| Respondent: Thomas Dart | |
| Represented By: | AUSA - Chicago |
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