Thomas v. Greene
| Marquis Thomas |
| Brittany Greene |
| 3:2023cv50019 |
| January 3, 2023 |
| US District Court for the Northern District of Illinois |
| Lisa A Jensen |
| Iain D Johnston |
| Prisoner: Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 10 ATTORNEY Appearance for Respondent Brittany Greene by Matthew David Skiba (Skiba, Matthew) |
Filing 9
ORDER: Claim One of Petitioner Marquis Thomas' 28 U.S.C. 2254 petition may proceed forward. Claim Two is dismissed. Respondent's answer or other response to Claim One is due March 20, 2023. Petitioner's reply is due April 24, 2023. The Clerk of Court is directed to change the name of Respondent's facility on the docket to the Western Illinois Correctional Center. Signed by the Honorable Iain D. Johnston on 1/23/2023: Mailed notice (yxp, )
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| Filing 8 INTRA district transfer from the Eastern Division 23cv35. (jp, ) |
| Filing 7 DIVISIONAL TRANSFER Notice. Case transferred to Western Division - Rockford. (jp, ) |
| CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Lisa A. Jensen. Designated as Magistrate Judge the Honorable Lisa A. Jensen. Case assignment: Random assignment. (jp, ) |
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Filing 6
ORDER: The Clerk of Court is directed to transfer this case to the Western Division of this district, and to close the case in the Eastern Division. Petitioner Marquis Thomas brings this 28 US.C. 2254 petition to challenge his first-degree murder conviction from Winnebago County, Illinois, which is in the Western Division of this district. See 28 U.S.C. 93(a)(2). Although the provision addressing the proper venue for habeas corpus petitions speaks only in terms of judicial districts and not divisions within each district, see 28 U.S.C. 2241(d), the location where a petitioner was convicted and "where... records and witnesses pertinent to petitioner's claim are likely to be found" is typically considered the most appropriate forum. Braden v. 30th Jud. Cir. Ct. of Ky., 410 U.S. 484, 493-94 (1973); see also Gavin v. Wright, No. 07-1012, 2007 WL 170408, at *1 (C.D. Ill. Jan. 18, 2007). Accordingly, this court transfers this case to the Western Division of the Northern District of Illinois. See 28 U.S.C. 2241(d); id. 1404(a). Signed by the Honorable Martha M. Pacold on 1/10/2023. Mailed notice. (jg, )
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| Filing 5 ATTORNEY Appearance for Plaintiff United States of America by Jeffrey Maxwell Heckendorn (Heckendorn, Jeffrey) |
| Filing 4 NOTICE of Correction regarding #1 (exr, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (mbh, ) |
| 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. (mbh, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff People Of The State Of Illinois by Robert Andrew Harvey Middleton (Middleton, Robert) |
| Filing 2 PETITION for writ of habeas corpus filed by People Of The State Of Illinois against Brittany Greene Filing fee $ 5, receipt number AILNDC-20198556. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Civil Cover Sheet)(Middleton, Robert) |
| Filing 1 ENTERED IN ERROR |
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| Petitioner: Marquis Thomas | |
| Represented By: | Jeffrey Maxwell Heckendorn |
| Represented By: | Robert Andrew Harvey Middleton |
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| Respondent: Brittany Greene | |
| Represented By: | Matthew David Skiba |
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