Eason v. Raoul et al
| Hannibal Eason |
| Kwame Raoul, Latoya Hughes and Tarry Williams |
| 3:2023cv50352 |
| September 20, 2023 |
| US District Court for the Northern District of Illinois |
| Philip G Reinhard |
| Margaret J Schneider |
| Prisoner: Habeas Corpus |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 16 LETTER from Hannibal Eason dated 10/31/23. (pg, ) |
| Filing 15 TRANSFERRED the case record to the Eastern Division 23cv15723. (jp, ) |
| Filing 14 DIVISIONAL TRANSFER Notice. Case transferred to Eastern Division - Chicago. (jp, ) |
Filing 13
ORDER: Petitioner Hannibal Eason's motions seeking to transfer this case to this court's Eastern Division [7, 9] are granted. His motions state that he intended to file the petition in that division, and he wrote that division in the caption of his 28 U.S.C. 2254 petition #1 . As this court's 10/6/23 order noted, jurisdiction exists in both divisions. See 28 U.S.C. 2241(c). His motion for status information #11 is granted insofar as this court informs that it has not received payment of the $5.00 filing fee; to the extent this motion seeks other relief, it is denied. His motion for recruitment of counsel #8 is denied without prejudice to him again seeking counsel after the court receives respondent's response to the 2254 petition. See Rule 8(c) of the Rules Governing Section 2254 Cases; Williams v. Illinois, 18 C 7182, 2018 WL 10879600, at *1 (N.D. Ill. Nov. 26, 2018); Cotto v. Lashbrook, 17 C 3719, 2017 WL 11537966, at *1 (N.D. Ill. June 2, 2017). Lastly, his in forma pauperis application #12 is denied as it shows he received more than $100 each month during the five-month period before he filed this case. He must pay the $5.00 filing by December 11, 2023, and his failure to do so may result in summary dismissal of this case without prejudice. See Local Rule 3.3(f) (N.D. Ill.). The Clerk of Court is directed to: (1) transfer this case to the Eastern Division, along with any pending motion; and (2) close the instant case in the Western Division. Signed by the Honorable Philip G. Reinhard on 11/6/2023. Mailed notice by Judicial Staff. (rsj)
|
| MAILED copy of Order dated 11/6/2023 to Hannibal Eason. (rsj) |
| Filing 12 APPLICATION by Petitioner Hannibal Eason for leave to proceed in forma pauperis (pg, ) |
| Filing 11 MOTION by Petitioner Hannibal Eason for leave to request status(pg, ) |
| Filing 10 INTENT to File Appeal if Denied Counsel by Hannibal Eason. (jp, ) |
| Filing 9 MOTION by Petitioner Hannibal Eason For Correction and Clarification. (jp, ) |
| Filing 8 MOTION by Petitioner Hannibal Eason Urging The Court For Leave to File Request For Appointment of Counsel. (jp, ) |
| Filing 7 MOTION by Petitioner Hannibal Eason For Change of Venue. (jp, ) |
|
Filing 6
ORDER: Petitioner Hannibal Eason's motion to file a document under seal #5 is denied. He may have sent the motion before receiving the court's October 2, 2023, order, which denied his in forma pauperis (IFP) request and instructed him how to satisfy the $5.00 filing foe requirement. This case cannot proceed forward until the filing fee is resolved. Nonetheless, in response to concerns stated in petitioner's current motion, the court notes that Tom Bruton is the Clerk of Court for the Northern District of Illinois, both its Western Division (where petitioner is incarcerated and filed his 28 U.S.C. 2254 petition) and its Eastern Division (where petitioner was convicted and sentenced). Both divisions have jurisdiction over this case. See 28 U.S.C. 2241(c). If petitioner seeks to have his 2254 petition proceed in the Eastern Division, he should so inform this court. Signed by the Honorable Philip G. Reinhard on 10/6/2023. Mailed notice. (rsj)
|
| MAILED copy of order dated 10/6/2023 to Hannibal Eason. (rsj) |
| Filing 5 MOTION by Petitioner Hannibal Eason to File "Sealed" Concerning Exercise of Jurisdiction of Assigned Magistrate Judge. (jp, ) |
|
Filing 4
ORDER: Petitioner's request to proceed in forma pauperis (IFP) #3 , which also seeks recruitment of counsel, is denied. The request is not on this court's form as required by N.D. Ill. Local Rule 3.3(a). Also, although the request includes a certificate from a prison officer stating that, on August 17, 2023, petitioner had zero funds in his prison trust fund account, he filed his 28 U.S.C. 2254 petition six to seven weeks later. [3, p. 6]. As to the statement of that account included with the IFP request, which also goes up to only August 17, 2023, it indicates petitioner received average monthly deposits of $160 during the months before he initiated this case. Id. at 9-10. Such funds may not qualify him for pauper status. See Longbehn v. United States, 169 F.3d 1082, 1083-84 (7th Cir. 1999) (citing Lumbert v. Illinois Dep't of Corr., 827 F.2d 257, 260 (7th Cir. 1987)). Because of the staleness of petitioner's IFP request, as well as the request not being on the proper form, the court denies his current IFP motion without prejudice. To proceed with this case, petitioner must either: (1) submit a completed IFP form with a current six-month statement of his prison account, or alternatively, (2) pay the $5.00 fee with a check or money order made payable to the Clerk, United States District Court Northern District of Illinois. Petitioner's failure to comply with this order by November 6, 2023, will result in summary dismissal of this case without prejudice. See N.D. Ill. Local Rule 3.3(f). Additionally, a request for counsel should be submitted as a separate motion. The Clerk is directed to send petitioner an IFP form, along with a copy of this order. Signed by the Honorable Philip G. Reinhard on 10/2/2023. Mailed notice by Judicial Staff. (rsj)
|
| MAILED copy of order dated 10/2/2023 and an IFP form to Hannibal Eason. (rsj) |
| CASE ASSIGNED to the Honorable Philip G. Reinhard and Honorable Margaret J. Schneider. Designated as Magistrate Judge the Honorable Margaret J. Schneider. Case assignment: Random assignment. (jp, ) |
| 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. (jp, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Hannibal Eason. (jp, ) |
| Filing 3 APPLICATION by Petitioner Hannibal Eason for leave to proceed in forma pauperis. (jp, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (jp, ) |
| Filing 1 RECEIVED PETITION for writ of habeas corpus by Hannibal Eason against Latoya Hughes, Kwame Raoul, Tarry Williams (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (jp, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
