Gullens v. Jeffreys
Petitioner: Delargo L. Gullens
Respondent: Rob Jeffreys
Case Number: 3:2020cv00470
Filed: May 19, 2020
Court: US District Court for the Southern District of Illinois
Presiding Judge: Staci M Yandle
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 19, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 19, 2020 Opinion or Order Filing 12 NOTICE AND ORDER: The Court has received your Petition for Writ of Habeas Corpus from the Northern District of Illinois, previously assigned case number: 20-2416. Your new case number is 20-cv-470-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 5/19/2020. (jsm2)
May 19, 2020 Filing 11 Case transferred in from District of Illinois Northern; Case Number 1:20-cv-02416. Original file certified copy of transfer order and docket sheet received.
May 19, 2020 Filing 10 TRANSFERRED to the USDC Southern District of Illinois the electronic record. (pj, ) [Transferred from Illinois Northern on 5/19/2020.]
May 18, 2020 Filing 9 MINUTE entry before the Honorable Virginia M. Kendall. Delargo Gullens was convicted of controlled substance offenses in the Circuit Court of Livingston County, Illinois in 2012. #1 Livingston County is located within the jurisdiction of the United States District Court for the Central District of Illinois. 28 U.S.C. 93(b). He is currently incarcerated at Vienna Correctional Center in Johnson County, Illinois. #1 Johnson County is located within the jurisdiction of the United States District Court for the Southern District of Illinois. 28 U.S.C. 93(c). Gullens filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 in this Court seeking to vacate his conviction. Under 28 U.S.C. 2241(d), this Petition can be heard either in the judicial district within which he was convicted or in the judicial district within which he is in custody. This Court is neither of those. Respondent now moves to dismiss this Petition on the grounds that this Court lacks jurisdiction under 2241(d) #8 . Under 28 U.S.C. 1406(a), however, the Court can transfer this case to an appropriate judicial district if doing so is "in the interest of justice." The Court finds that transferring this case would serve the interests of justice. The Clerk of Court is therefore directed to transfer this case to the United States District Court for the Southern District of Illinois forthwith. The Motion to Dismiss #8 is dismissed as moot. Civil case terminated. Mailed notice (lk, ) [Transferred from Illinois Northern on 5/19/2020.]
May 15, 2020 Filing 8 MOTION by Respondent Rob Jeffreys to dismiss petition for writ of habeas corpus (Whitney, Alasdair) [Transferred from Illinois Northern on 5/19/2020.]
May 1, 2020 MAILED a blank IFP application form and a copy of the order #5 dated 4/23/2020 to Delargo L. Gullens (pj, ) [Transferred from Illinois Northern on 5/19/2020.]
April 28, 2020 Filing 7 ATTORNEY Appearance for Respondent Rob Jeffreys by Alasdair Francis Whitney (Whitney, Alasdair) [Transferred from Illinois Northern on 5/19/2020.]
April 24, 2020 Opinion or Order Filing 6 ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket9, ) [Transferred from Illinois Northern on 5/19/2020.]
April 23, 2020 Opinion or Order Filing 5 ORDER: Petitioner initiated this 28 U.S.C. 2254 case without addressing the Court's filing fee. By May 29, 2020, Petitioner must satisfy the filing fee requirement either by paying the $5.00 filing fee with a check or money order made payable to Clerk, United States District Court, Northern District of Illinois, or by submitting a completed in forma pauperis (IFP) application demonstrating his inability to pay it. Petitioner's failure to satisfy the filing fee requirement may result in dismissal of this case without prejudice. See N.D. Ill. Local Rule 3.3(f). The Clerk shall forward to Petitioner a blank IFP application form. The briefing schedule set in the Court's April 21, 2020 order #4 remains in effect. Signed by the Honorable Virginia M. Kendall on 4/23/2020. Mailed notice (pj, ) [Transferred from Illinois Northern on 5/19/2020.]
April 21, 2020 Filing 4 MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Petitioner's Petition for Writ of Habeas Corpus #1 . Respondent shall Respond to Petition for Writ of Habeas Corpus #1 by 6/22/2020. Petitioner's Reply is due by 7/20/2020. Mailed notice (lk, ) [Transferred from Illinois Northern on 5/19/2020.]
April 9, 2020 Filing 2 PRISONER CIVIL Cover Sheet (pj, ) [Transferred from Illinois Northern on 5/19/2020.]
April 9, 2020 Filing 1 RECEIVED PETITION for writ of habeas corpus filed by Delargo L. Gullens against Rob Jeffreys. (Exhibits) (Envelope postmarked 3/27/2020) (pj, ) [Transferred from Illinois Northern on 5/19/2020.]
March 30, 2020 Opinion or Order Filing 3 ORDER Second Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020. Mailed notice (pj, ) [Transferred from Illinois Northern on 5/19/2020.]

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Petitioner: Delargo L. Gullens
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Respondent: Rob Jeffreys
Represented By: Alasdair Francis Whitney
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