Suarez v. Hinthorne et al
| Jose Suarez |
| Hinthorne and Kwame Raoule |
| 1:2023cv05354 |
| August 10, 2023 |
| US District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| Prisoner: Habeas Corpus |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on October 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 MOTION by Petitioner Jose Suarez for Status and Document Verification; Exhibits. (lw, ) |
| Filing 17 PETITION for writ of habeas corpus filed by Jose Suarez against Hinthorne; Exhibits. (lw, ) |
| Filing 16 PETITION by Petitioner Jose Suarez for extension of time to file Amended Form 2254. (lw, ) |
| Filing 15 MINUTE entry before the Honorable Lindsay C. Jenkins: Petitioner Jose Suarez's motion for a preliminary injunction #12 is denied. Petitioner seeks this Court to compel Respondent (or counsel for Respondent) to sign a form consenting to have this case referred to a magistrate judge of this Court. #12 , #13 Such relief cannot be granted for several reasons. First, the Respondent in this case has not yet been directed to respond to Petitioner's habeas corpus petition, and the Illinois Attorney General's Office, though linked to the case as a matter of course, has not entered an appearance for Respondent. See Rule 5(a) of the Rules Governing 28 U.S.C. 2254 Cases in the United States District Courts (a "respondent is not required to answer the petition unless a judge so orders"). Second, as explained in its prior order, the Court has not completed its initial review of the petition. Until this Court has information about the status of Petitioner's state court proceedings, this case cannot proceed forward. Lastly, as indicated on the form to which Petitioner refers, consent to the jurisdiction of a magistrate judge is discretionary. [13, pg. 13]; see also N.D. Ill. Local Rule 73.1. This Court cannot compel such consent. For all these reasons, Petitioner has not made the requisite showing for injunctive relief. See Whitaker By Whitaker v. Kenosha Unified Sch. Dist. No. 1 Bd. of Educ., 858 F.3d 1034, 1044 (7th Cir. 2017). Mailed notice. (jlj, ) |
| Filing 10 MINUTE entry before the Honorable Lindsay C. Jenkins: By October 20, 2023, Petitioner Jose Suarez is directed to inform this Court about the status of his state proceedings challenging his Cook County solicitation-of-murder conviction; whether the claims in those proceedings are the same as those presented here in his 28 U.S.C. 2254 federal habeas corpus petition before this Court; and whether he seeks to stay proceedings in this federal case while his state proceedings are pending. See 28 U.S.C. 2254(b) (federal habeas law requires state prisoners to exhaust their claims through one-complete round of state court review before seeking federal relief for those claims); O'Sullivan v. Boerckel, 526 U.S. 838, 844-45 (1999). Once this Court determines the status of his state proceedings, the Court can determine if this case should proceed forward or wait until the conclusion of those proceedings. Mailed notice. (jlj, ) |
| Filing 11 LETTER from Jose Suarez. (Attachments). (gcy, ) |
| Filing 9 MINUTE entry before the Honorable Lindsay C. Jenkins: Petitioner Jose Suarez's payment of the $5.00 filing fee for this case has been received. The portion of the Court's prior order about the filing fee is stricken. The filing fee having been paid, the Court will soon conduct its initial review of the petition pursuant to Rule 4 of the Rules Governing 28 U.S.C. 2254 Cases in the District Courts. No additional filings are required for this case at this time. Mailed notice. (jlj, ) |
| Filing 8 MINUTE entry before the Honorable Lindsay C. Jenkins: The Court accepts the Petition filed at #5 , which contains Petitioner's signature. The unsigned petition filed at #1 is stricken. Petitioner is again reminded that his case cannot proceed without resolution of the filing fee. Petitioner has until September 29, 2023 to satisfy his $5.00 filing fee obligation for this case either by paying it or by submitting an in forma pauperis (IFP) application demonstrating his inability to pay. Petitioner should be sure to include the case number of this case, No. 23 C 5354 on his payment or IFP application. A failure to comply will result in summary dismissal of this case without prejudice. Mailed notice. (jlj, ) |
| Filing 7 AFFIDAVIT in support of order of a preliminary injunction. (jn, ) |
| Filing 6 LETTER from Jose Suarez dated 9/6/2023. (jn, ) |
| Filing 14 AFFIDAVIT of in support for Order of a Preliminary Injunction. (Attachments) (gcy, ) |
| Filing 13 MEMORANDUM of Law in support of Motion for A Preliminary Injunction. (Attachments). (gcy, ) |
| Filing 12 MOTION for preliminary injunctive relief order by Jose Suarez. (gcy, ) |
| Filing 5 PETITION for writ of habeas corpus filed by Jose Suarez against Hinthorne, Kwame Raoule. (Exhibits). (jn, ) |
| Filing 3 MINUTE entry before the Honorable Lindsay C. Jenkins: Pursuant to this Court's July 11, 2023, order in Petitioner Jose Suarez's other 28 U.S.C. 2254 case, No. 23 C 4241, he has separated his challenges to his two unrelated Cook County convictions into two cases. The instant case (No. 23 C 5354) challenges his solicitation-of-murder conviction, while Case No. 23 C 4241 challenges his conviction on several drug charges from several years earlier. The Court appreciates Suarez's compliance to its request. This case cannot proceed without resolution of the $5.00 filing fee, and his other case cannot proceed until he submits an amended 2254 petition. While the Court in Case No. 23 C 4241 granted Suarez an extension until September 29, 2023, to satisfy the filing fee, he has already paid the $5.00 fee in that case. Petitioner has until September 29, 2023 to satisfy his $5.00 filing fee obligation for this caseeither by paying it or by submitting an in forma pauperis (IFP) application demonstrating his inability to pay ithe should be sure to include the case number of this case, No. 23 C 5354 on his payment or IFP application. A failure to comply will result in summary dismissal of this case without prejudice. Mailed notice. (jlj, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent form to Jose Suarez. (jn, ) |
| 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. (jn, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (jn, ) |
| Filing 1 RECEIVED PETITION for writ of habeas corpus filed by Jose Suarez against Hinthorne, Kwame Raoule. (Exhibits). (jn, ) |
| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Maria Valdez. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Direct assignment. (jn, ) |
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