Davis v. Warden
| Mykai Davis |
| Warden |
| 3:2021cv50450 |
| November 29, 2021 |
| US District Court for the Northern District of Illinois |
| Lisa A Jensen |
| Philip G Reinhard |
| Prisoner: Habeas Corpus |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on January 26, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 ENTERED JUDGMENT on 1/26/2022: Electronic notice/mailed copy to petitioner. (sb, ) |
Filing 9
ORDER signed by the Honorable Philip G. Reinhard on 1/26/2022: On December 7, 2021, this court directed petitioner to satisfy the $5.00 filing fee by either paying it or submitting an in forma pauperis (IFP ) application demonstrating his inability to pay. He was directed to comply by January 11, 2022, and was advised that his failure to do so would result in dismissal of this case. To date, petitioner has neither responded to the court's December 7, 2022, order, nor filed any pleadings or made any communications with this court since his case was transferred here from the New York district court in November of 2021. Bureau of Prisons records show that petitioner is still confined at USP Thomson where this court's prior order was sent. Accordingly, this case is dismissed without prejudice. See N.D. Local Rule 3.3(f); see also Fed. R. Civ. P. 41(b). The Clerk is directed to close this case. Electronic notice/mailed copy to petitioner. (sb, )
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Filing 8
ORDER signed by the Honorable Philip G. Reinhard on 12/7/2021: This case was transferred to this court from the Eastern Division of the Northern District of Illinois, which received the case from the Southern District of New York. As petitioner is challenging a Bureau of Prisons disciplinary proceeding in a 28 U.S.C. 2241 petition, and he is currently confined at USP Thomson, this case now appears to be in the proper court. See Rumsfeld v. Padilla, 542 U.S. 426, 435-43 (2004); Webster v. Daniels, 784 F.3d 1123, 1145 (7th Cir. 2015). However, a review of the docket indicates that petitioner has not yet satisfied this court's $5.00 filing fee requirement. By January 11, 2022, he must either pay the $5.00 filing fee by check or money order made payable to Clerk, United States District Court, Northern District of Illinois, or submit a completed in forma pauperis (IFP) application (with a copy of his prison trust account) demonstrating his inability to pay. Petitioner's failure to comply with this order will result in dismissal of this case without prejudice. The Clerk shall send an IFP form to petitioner. Electronic notice/mailed ifp form and copy of order to petitioner. (sb, ) (Main Document 8 replaced on 1/26/2022) (sb, ).
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| Filing 7 INTRA district transfer from the Eastern Division 21cv6356. (jp, ) |
| Filing 6 DIVISIONAL TRANSFER Notice. Case transferred to Western Division - Rockford. Pursuant to transfer order: #5 . (jn, ) |
| MAILED order dated 11/30/2021 #5 to Mykai Davis (jn, ) |
| CASE ASSIGNED to the Honorable Philip G. Reinhard and Honorable Lisa A. Jensen. Designated as Magistrate Judge the Honorable Lisa A. Jensen. Case assignment: Random assignment. (jp, ) |
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Filing 5
ORDER. Signed by the Honorable Manish S. Shah on 11/30/2021: The district court in the Southern District of New York has transferred this 28 U.S.C. 2241 case to this Court. Petitioner Mykai Davis is confined at the United States Penitentiary (USP) in Thomson, Illinois, which is in Carroll County in the Western Division of this Court. Habeas corpus petitions under 2241 must be brought in the court that has jurisdiction over the petitioner's custodian. See Rumsfeld v. Padilla, 542 U.S. 426, 435-43 (2004); Webster v. Daniels, 784 F.3d 1123, 1145 (7th Cir. 2015). For prisoners at USP Thomson, the proper court for a 2241 action is the Western Division of the Northern District of Illinois. Accordingly, the Clerk is directed to transfer this case to the Western Division and to close the case in the Eastern Division. See 28 U.S.C. 1404(a) and 1406(a). The Clerk's Office is directed to mail a copy of this order to petitioner. Notices mailed. (psm, )
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| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Mykai Davis. (gcy, ) |
| 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. (gcy, ) |
| Filing 4 MAILED Prisoner Local Rule 83.15 Letter to all parties of record. (gcy, ) |
| Filing 3 RECEIVED from New York Southern; Case Number 1:21-cv-08876 (gcy) |
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Filing 2
TRANSFER ORDER: The Clerk of Court directed to transfer this action to the United States District Court for the Northern District of Illinois. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. This order closes this case. Because Petitioner has not at this time made a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is also directed to mail a copy of this order to Petitioner and note service on the docket. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/19/21) (rdz) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 11/29/2021.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(wb) [Transferred from New York Southern on 11/29/2021.] |
| Mailed a copy of #2 Order to Mykai Davis, Reg. No. 71995-054 at Administrative United States Penitentiary, P.O. Box 1002, Thomson, IL 61285. (kh) [Transferred from New York Southern on 11/29/2021.] |
| Transmission to Office of the Clerk of Court. Transmitted re: #2 Order, to the Office of the Clerk of Court for processing..(rdz) [Transferred from New York Southern on 11/29/2021.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Mykai Davis.(rdz) [Transferred from New York Southern on 11/29/2021.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 11/29/2021.] |
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