Brokaw v. Chester Mental Health Center
| Benjamin John Brokaw |
| Chester Mental Health Center |
| 3:2018cv02046 |
| November 2, 2018 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on December 26, 2018. A more recent docket listing may be available from PACER.
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Filing 6
ORDER granting #5 Motion to Dismiss; finding as moot #2 Motion for Recruitment of Counsel. On December 20, 2018, Petitioner advised the Court that he would like to voluntarily dismiss this habeas action because he has been released from custody. Pursuant to Rule 41(a)(1)(A)(i), Fed. R. Civ. P., Petitioner's dismissal notice effected the immediate dismissal of the suit. Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011); see also Smith v. Potter, 513 F.3d 781, 782 (7th Cir. 2008). Petitioner's Motion to Dismiss (Doc. 5) is thus GRANTED, and no additional action remains for the undersigned Judge to take. The pending Motion for Recruitment of Counsel (Doc. 2) is DENIED as MOOT, and no filing fee will be assessed for this case. The Clerk is DIRECTED to CLOSE this case in CM/ECF. (jsy) Signed by Judge Staci M. Yandle on 12/26/2018. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 MOTION to Dismiss Case by Benjamin John Brokaw. Responses due by 1/25/2019. (jsm2) |
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Filing 4
NOTICE AND ORDER: The Court has received your Petition for Writ of Habeas Corpus. Your case number is 18-2046-SMY. Within 30 days of the entry of this Order, you are ORDERED to submit the $5.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge Staci M. Yandle on 11/2/2018. (Attachments: #1 Motion to Proceed IFP, #2 Certification)(jaj)
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| Filing 3 NOTICE to the Court regarding payment of filing fee by Benjamin John Brokaw. (jaj) |
| Filing 2 MOTION for Recruitment of Counsel by Benjamin John Brokaw. (jaj) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Benjamin John Brokaw.(jaj) |
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| Respondent: Chester Mental Health Center | |
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| Petitioner: Benjamin John Brokaw | |
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