Decker v. Superintendent
| Robert Decker |
| Superintendent and J. E. Kureger |
| 3:2018cv01531 |
| August 24, 2018 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 41 MOTION to Strike #40 Status Report by Robert Decker. (jsm2) |
| Filing 40 STATUS REPORT by Superintendent. (Wyatt, Nathan) |
| Notice: Magistrate Judge Clifford J. Proud no longer assigned to case. Pursuant to Administrative Order No. 132, the pretrial referral to Magistrate Judge Clifford J. Proud under 28 U.S.C. 636(b) is terminated. The district judge assigned to this case and any deadlines set remain unchanged. All future pleadings shall bear Case No. 18-1531-NJR. Judge Proud remains to receive a future referral for all proceedings, including the entry of judgment, should all parties consent in accordance with 28 U.S.C. 636(c). (lmb) |
| Filing 39 NOTICE of Appearance by Nathan E. Wyatt on behalf of Superintendent (Wyatt, Nathan) |
| Filing 38 RETURN OF SERVICE Executed on Habeas Corpus Acknowledgement Letter by Superintendent. Superintendent served on 8/30/2018, answer due 10/1/2018. (Wyatt, Nathan) |
| Filing 37 Letter to USAO constituting service. (tjk) |
Filing 36
ORDER REFERRING CASE to Magistrate Judge Clifford J. Proud. Signed by Judge Nancy J. Rosenstengel on 8/29/2018. (tjk)
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| Filing 35 Letter from USDC/SDIL to Petitioner informing him of transfer and new case number. (Attachments: #1 Consent to Magistrate Judge) (jaj) |
| Filing 34 Case transferred in from District of Indiana Southern; Case Number 2:18-cv-00032. Original file certified copy of transfer order and docket sheet received. |
| Filing 33 Transfer Letter to Clerk of the Southern District of Illinois. Case transferred electronically to Southern District of Illinois, on August 23, 2018. (DWH) [Transferred from Indiana Southern on 8/24/2018.] |
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Filing 32
CLOSED TRANSFER - ORDER: The petitioner no longer has any connection to this district. Although the respondent has filed a return, the petitioner recently moved to amend his petition. The clerk is directed to update the docket to reflect that the petitioner is now incarcerated at the U.S. Penitentiary in Marion, Illinois, consistent with the distribution of this Order. This action is transferred to the United States District Court for the Southern District of Illinois. The petitioner's current custodian, the Superintendent of the United States Penitentiary at Marion, Illinois is substituted as the respondent. Counsel for the respondent shall notify his counterpart in the Southern District of Illinois of this Order and request such official file an appearance on behalf of the respondent. This Court will not rule on the pending motion to amend the petition at dkt. #31 . Signed by Judge William T. Lawrence on 8/23/2018. Copy to Petitioner via US Mail. (DWH) [Transferred from Indiana Southern on 8/24/2018.]
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| Filing 31 MOTION for Leave to File Third Amended Petition, filed by Petitioner ROBERT DECKER. (Attachments: #1 Exhibit - Proposed Third Amended Petition for Writ of HC, #2 Declaration of Petitioner, #3 Envelope)(DWH) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 30 RETURN TO ORDER TO SHOW CAUSE, re #29 Entry, filed by J. E. KRUEGER.. (Attachments: #1 Exhibit A- Declaration Schalburg, #2 Attach 1 - PP37, #3 Attach 2 - Public Information Inmate Data, #4 Attach 3 - Administrative Remedies, #5 Exhibit B- Declaration Santana, #6 Attach 1 - Inmate History Quarters, #7 Attach 2 - Public Information, #8 Attach 3 - Incident Report, #9 Attach 4 - Inmate Screening Form, #10 Attach 5 - DHO Report)(Woods, Shelese) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 29 ENTRY Directing Further Proceedings - The amended petition, #28 , is now the operative petition in this action. The respondent shall have through July 18, 2018, in which to answer the allegations of the amended habeas petition, and in doing so shall show cause why the relief sought by the petitioner should not be granted. The petitioner shall have twenty eight days after service of the amended answer in which to reply. Copy sent to Petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 6/14/2018.(JRB) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 28 AMENDED Petition of for Writ of Habeas Corpus against J. E. KRUEGER, filed by ROBERT DECKER. (Attachments: #1 Notice of Discipline Hearing, #2 Envelope)(JKS) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 27 RECEIPT #IP060785 for filing fee in the amount of $5.00, paid by Petitioner. (DJH) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 26 Reply re #22 Return to Order to Show Cause, filed by ROBERT DECKER. (Attachments: #1 Envelope)(DW) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 25 Entry Discussing Motion to Amend - The petitioner's motion to amend his petition by adding additional information, dkt. #23 , is denied. Instead, the petitioner shall have through June 25, 2018, in which to amend his petition. The amended petition shall contain information pertaining only to disciplinary proceeding 891865-F1. The amended petition will replace the original petition in this action in its entirety so it should contain all challenges the petitioner seeks to raise related to disciplinary proceeding 891865-F1. If the petitioner does not amend his petition, the petition filed at dkt. 2 will remain the operative petition in this action (SEE ENTRY). Signed by Judge Jane Magnus-Stinson on 5/24/2018. Copy to Petitioner via US Mail. (DW) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 24 Letter from Petitioner REGARDING Filing Fee Payment. (Attachments: #1 Envelope) (DW) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 23 MOTION to Amend, filed by Petitioner ROBERT DECKER. (Attachments: #1 Amended Petition/Complaint, #2 Exhibits to Amended Petition/Complaint, #3 Envelope)(DW) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 22 RETURN TO ORDER TO SHOW CAUSE, re #4 Order to Show Cause, filed by J. E. KRUEGER.. (Attachments: #1 Exhibit A- Declaration Santana, #2 Attach 1 - Inmate History Quarters, #3 Attach 2 - Public Information, #4 Attach 3 - Incident Report, #5 Attach 4 - Inmate Screening Form, #6 Attach 5 - DHO Report)(Woods, Shelese) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 21 ENTRY acknowledges re #19 Objection filed by ROBERT DECKER and overrules that objection because Respondent's motion for extension of time was granted based on good cause. Copy to Petitioner via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 4/27/2018.(MAC) [Transferred from Indiana Southern on 8/24/2018.] |
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Filing 20
ORDER granting #16 Motion to Substitute Attorney. Assistant United States Attorney Shelese M. Woods' appearance shall be ENTERED as counsel of record for the Respondent, and the appearance of Assistant United States Attorney Jill Z. Julian's is TERMINATED from the docket. Signed by Magistrate Judge Doris L. Pryor on 4/24/2018. Copy to Petitioner via US Mail. (DW) [Transferred from Indiana Southern on 8/24/2018.]
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| Filing 19 RESPONSE in Opposition to #17 Motion for extension of time, filed by Petitioner ROBERT DECKER. (Attachments: #1 Envelope). (MAC) [Transferred from Indiana Southern on 8/24/2018.] |
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Filing 18
ORDER granting #17 Motion for Extension of Time - Respondent shall have through May 20, 2018, in which to answer the allegations of the habeas petition, and in doing so shall show cause why the relief sought by the petitioner should not be granted. The petitioner shall have twenty-eight (28)days after service of the answer in which to reply. Copy sent to Petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 4/19/2018. (JRB) [Transferred from Indiana Southern on 8/24/2018.]
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| Filing 17 Third MOTION for Extension of Time to May 20, 2018 , filed by Respondent J. E. KRUEGER. (Attachments: #1 Text of Proposed Order)(Woods, Shelese) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 16 MOTION to Substitute Attorney , filed by Respondent J. E. KRUEGER. (Attachments: #1 Text of Proposed Order)(Woods, Shelese) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 15 Letter from Petitioner REGARDING Inmate Mail. (Attachments: #1 Envelope) (DW) [Transferred from Indiana Southern on 8/24/2018.] |
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Filing 14
ORDER granting #13 Motion for Extension of Time. Respondent shall have through April 20, 2018, in which to answer the allegations of the habeas petition, and in doing so shall show cause why the relief sought by the petitioner should not be granted. The petitioner shall have twenty-eight (28) days after service of the answer in which to reply. Signed by Judge Jane Magnus-Stinson on 4/10/2018. Copy to Petitioner via US Mail. (DW) [Transferred from Indiana Southern on 8/24/2018.]
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| Filing 13 Second MOTION for Extension of Time to April 20, 2018 , filed by Respondent J. E. KRUEGER. (Attachments: #1 Text of Proposed Order)(Julian, Jill) [Transferred from Indiana Southern on 8/24/2018.] |
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Filing 12
ORDER granting #11 Motion for Extension of Time. Respondent shall have through April 6, 2018, in which to answer the allegations of the habeas petition, and in doing so shall show cause why the relief sought by the petitioner should not be granted. The petitioner shall have twenty-eight (28) days after service of the answer in which to reply. Signed by Judge Jane Magnus-Stinson on 3/9/2018. Copy to Petitioner via US Mail. (DW) [Transferred from Indiana Southern on 8/24/2018.]
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| Filing 11 MOTION for Extension of Time to April 6, 2018 , filed by Respondent J. E. KRUEGER. (Attachments: #1 Text of Proposed Order)(Julian, Jill) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 10 NOTICE of Appearance by Jill Z. Julian on behalf of Respondent J. E. KRUEGER. (Julian, Jill) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 9 Reassignment of Case to Magistrate Judge Doris L. Pryor. Magistrate Judge Matthew P. Brookman is no longer assigned to this case. Please include the new case number (2:18-cv-00032-JMS-DLP), which includes the initials of the newly assigned judge, on all future filings in this matter. Copy mailed. (JD) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 8 Entry on In Forma Pauperis Status - The petitioner's motion for leave to proceed in forma pauperis, dkt. #7 , is granted. Signed by Judge Jane Magnus-Stinson on 2/23/2018. Copy to Petitioner via US Mail. (DW) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 7 MOTION for Leave to Proceed in forma pauperis, filed by Petitioner ROBERT DECKER. (Attachments: #1 Envelope)(DW) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 6 Correspondence REQUESTING COPY of Case Document re #4 Order to Show Cause, filed by Robert Decker. Copy provided via US Mail. (Attachments: #1 Envelope) (BRR) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 5 CONSENT to Jurisdiction to US Magistrate Judge by ROBERT DECKER. (Attachments: #1 Envelope)(BRR) [Transferred from Indiana Southern on 8/24/2018.] |
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Filing 4
ENTRY and ORDER TO SHOW CAUSE - Petitioner Robert Decker, a federal inmate incarcerated at the United States Penitentiary, Terre Haute, Indiana, challenges prison discipline imposed in Federal Bureau of Prisons disciplinary case number 891865-F1. Respondent shall have forty-two days in which to answer the allegations of the habeas petition, and in doing so shall show cause why the relief sought by petitioner should not be granted. Petitioner shall have twenty-eight days after service of the answer in which Petitioner shall have twenty-eight days in which to either pay the $5.00 filing fee or demonstrate his financial inability to do so. The clerk is directed to update the docket to reflect that Robert Decker is proceeding individually and not representing "all persons similarly situated in the FBOP."(SEE ENTRY). Signed by Judge Jane Magnus-Stinson on 1/26/2018. Copy to Petitioner via US Mail. (DW) [Transferred from Indiana Southern on 8/24/2018.]
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DW) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 2 PETITION for Writ of Habeas Corpus (Disciplinary Proceedings 891865-F1), filed by ROBERT DECKER. (No fee paid with this filing) (Attachments: #1 Exhibits)(DW) [Transferred from Indiana Southern on 8/24/2018.] |
| Filing 1 ENTRY Directing Further Proceedings - The petitioner filed this Petition for Writ of Habeas Corpus on January 17, 2018. In his petition, he challenges multiple disciplinary proceedings: 896644-A1, 896643-A1, and 891865-F1 (See Entry). Signed by Judge Jane Magnus-Stinson on 1/24/2018. ***Docketed for Administrative Purpose*** (DW) [Transferred from Indiana Southern on 8/24/2018.] |
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