Vinet v. State of Illinois et al
| Richard J Vinet |
| State of Illinois |
| 1:2024cv11418 |
| November 5, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Martha M Pacold |
| Other Statutory Actions |
| 28 U.S.C. ยง 1441 Petition for Removal |
| None |
Docket Report
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Filing 7
ORDER: The court has received defendant/petitioner Richard J. Vinet's motion to dismiss the indictment. #6 . However, this case has been remanded to the Circuit Court of Cook County, per this court's 11/12/2024 remand order. #3 . Thus, the motion is stricken. Signed by the Honorable Martha M. Pacold on 12/20/2024. Mailed notice. (smb, )
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| MAILED Order #7 to Plaintiff. (smb, ) |
| Filing 6 MOTION by Plaintiff Richard J Vinet to dismiss indictment/information for lack of jurisdiction, due process violation, void for vagueness and overbreadth doctrine. (Envelope postmarked 12/12/2024) (Received by mail in the Clerk's Office on 12/18/2024.) (daj, ) |
| Filing 5 REMAND with certified copy of order dated 11/12/2024 #3 to Circuit Court of Cook County, Criminal Division via email. (jn,) |
| Filing 4 MAIL RETURNED, for documents, Joint Consent Form and 73.1b Local Rule sent to Richard Vinet returned as undeliverable, return to sender. No new contact information received. (gmm) |
| Filing 3 MINUTE entry before the Honorable Martha M. Pacold: The court has received defendant/petitioner Richard J. Vinet's notice of petition for writ of removal. #1 . The petition is denied, and the case is remanded to the Circuit Court of Cook County. Defendant/petitioner invokes 28 U.S.C. 1443(1), which allows criminal prosecutions to be removed to federal court when they are brought "[a]gainst any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction thereof." As used in 1443(1), a "law providing for... equal rights" means "a law guaranteeing racial equality." Wisconsin v. Glick, 782 F.2d 670, 672 (7th Cir. 1986); see Georgia v. Rachel, 384 U.S. 780, 78694 (1966). And the term "is denied or cannot enforce in the courts of such State" require "that a statute or authoritative decision announce[] that claims of the sort asserted are untenable within the state's judicial system." Glick, 782 F.2d at 672. Defendant/petitioner does not allege that he is the victim of racial discrimination, nor does he "explain[] how the prosecution[]... offend[s] any specific federal law securing racial equality." Id. Nor does he point to any statute or authoritative decision announcing that his federal rights are unenforceable in the courts of Illinois. Instead, he claims that he cannot receive a fair trial in Illinois courts. "It is not enough to support removal under 1443(1) to allege or show... that the defendant is unable to obtain a fair trial in a particular state court." City of Greenwood v. Peacock, 384 U.S. 808, 827 (1966). If defendant/petitioner's constitutional right to a fair trial (or any other federal constitutional right) is in fact denied during his criminal prosecution and he is convicted, he may seek appropriate relief within the state court system, by writ of certiorari from a final judgment of the Illinois Supreme Court, 28 U.S.C. 1257(a), or by a petition for a writ of habeas corpus, id. 2254. Mailed notice. (jn,) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff. (nsf, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (nsf, ) |
| Filing 1 RECEIVED PETITION for writ of habeas corpus filed by Richard J Vinet against State of Illinois . (Exhibits, Envelope post marked 10/31/24,Received via Mailroom 11/5/24)(nsf, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cole. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Direct assignment. (Civil Category Direct). (nsf, ) |
| 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. (nsf, ) |
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| Plaintiff: Richard J Vinet | |
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| Defendant: State of Illinois | |
| Represented By: | Chief of Criminal Appeals |
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