Nichols v. IDOC Director et al
| Demetrius M Nichols |
| IDOC Director and Kimberly Butler |
| 3:2016cv01101 |
| September 29, 2016 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Randolph |
| David R. Herndon |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
6
ORDER DISMISSING CASE with prejudice as untimely. Alternatively, the action is DISMISSED with prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to comply with an order of the Court. Signed by Judge David R. Herndon on 2/28/2017. (tjk)
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Filing
5
MEMROANDUM AND ORDER re 1 Petition for Writ of Habeas Corpus filed by Demetrius M Nichols. IT IS HEREBY ORDERED that: (1) Not later than 2/2/2017, Petitioner is DIRECTED to pay the $5.00 filing fee. Failure to comply shall result in dismis sal of this action for failure to prosecute. (2) Not later than 2/2/2017, Petitioner is DIRECTED to show cause why his petition should not be dismissed as barred by the one year statute of limitations found in 28 U.S.C. § 2244(d)(1). In particu lar, Petitioner should specify when he underwent the major surgeries referenced in his Petition and how those surgeries prevented him from timely filing the instant Petition. (3) Petitioner should label this document a Supplement to Petition for a W rit of Habeas Corpus under § 2254 and he should be sure to declare that any statements he makes in the supplement are made under penalty of perjury. 28 U.S.C. § 2242. (4) If Petitioner does not submit a Supplement as directed in this order by 2/2/2017 the Court will dismiss his Petition with prejudice as untimely under Rule 4 of the Rules Governing Section 2254 Cases. (Supplemental Pleading due by 2/2/2017. Filing Fee due on or before 2/2/2017, Show Cause Response due by 2/2/2017.) Signed by Judge David R. Herndon on 1/4/2017. (jaj)
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