Alcalde Cueto v. Barr et al
Petitioner: Miguel Alcalde Cueto
Respondent: Chad Wolf, Robert Guardian, Randy Kern, Damon Acuff, William P. Barr and Damon Acoff
Case Number: 3:2020cv00643
Filed: June 30, 2020
Court: US District Court for the Southern District of Illinois
Presiding Judge: Staci M Yandle
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. § 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2020 Filing 18 Mail Returned as Undeliverable. Document 16 sent to Miguel Alcalde Cueto. (jaj)
August 26, 2020 Filing 17 Mail Returned as Undeliverable. Documents 12-14 sent to Miguel Alcalde Cueto. (jaj)
August 12, 2020 Filing 16 RETURN OF SERVICE EXECUTED. (tjk)
August 7, 2020 Filing 15 Mail Returned as Undeliverable. Documents 7 & 8 sent to Miguel Alcalde Cueto (kek)
August 5, 2020 Filing 14 CLERK'S JUDGMENT. Approved by Judge Staci M. Yandle on 8/5/2020. (beb)
August 5, 2020 Opinion or Order Filing 13 ORDER DISMISSING CASE, Granting #11 MOTION to Dismiss filed by Robert Guardian, Damon Acoff, Chad Wolf, William P. Barr. This action is DISMISSED WITHOUT PREJUDICE. Signed by Judge Staci M. Yandle on 8/5/2020. (beb)
August 4, 2020 Filing 12 RETURN OF SERVICE EXECUTED on 7/23/2020. (tjk)
July 29, 2020 Filing 11 MOTION to Dismiss by Damon Acoff, William P. Barr, Robert Guardian, Chad Wolf. Responses due by 8/31/2020 (Attachments: #1 Exhibit A)(Syrcle, Ray)
July 29, 2020 Filing 10 NOTICE of Appearance by Ray M. Syrcle on behalf of Damon Acoff, William P. Barr, Robert Guardian, Chad Wolf (Syrcle, Ray)
July 23, 2020 Filing 9 RETURN OF SERVICE EXECUTED. (tjk)
July 16, 2020 Filing 8 Letter to Damon Acuff constituting service. (tjk)
July 15, 2020 Opinion or Order Filing 7 Order for Service of Process upon Barr, Wolf, Guardian, Acoff. Respondents shall answer the Petition or otherwise plead within twenty (20) days of the date this order is entered (on or before August 4, 2020). Randy Kern (Sheriff, Pulaski County ) terminated. Signed by Judge Staci M. Yandle on 7/15/2020. (beb)
July 10, 2020 Filing 6 PETITION for Writ of Habeas Corpus filed by Miguel Alcalde Cueto.(jaj)
June 30, 2020 Opinion or Order Filing 5 ORDER STRIKING #1 Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. Sec. 2241. Petitioner Alcalde Cueto failed to sign his Petition as required by Federal Rule of Civil Procedure 11 ("Every pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented."). Petitioner may refile his Petition, but it must be properly signed. The Clerk is DIRECTED to return the original or a copy of Doc. #1 to Petitioner along with this order. Signed by Judge Staci M. Yandle on 6/30/2020. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 30, 2020 Opinion or Order Filing 4 The Court has received your Petition for Writ of Habeas Corpus and filing fee. Your case number is 20-643-SMY. The following is important information concerning the initial stages of your lawsuit. The Court will review your petition to determine whether it survives preliminary review under Rule 4 and Rule 1(b) of the Rules Governing Section 2254 Cases in United States District Courts. The Court will conduct this review within the next 60 days and inform you of the findings in an Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you do not receive a preliminary review Order within the next 60 days, you may file a motion requesting the status of your case. If you filed a motion for recruitment of counsel, it will not be considered until the Court has completed the preliminary review of your petition. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). In the event your petition survives the preliminary review, the Court will instruct the respondent to file a response to the petition and you will be notified of your deadline to file a reply. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. 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 6/30/2020. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 30, 2020 Filing 3 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 2 Order. Filing fee paid in Benton office. New order to be entered. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 30, 2020 Opinion or Order Filing 2 ENTRY STRICKEN - NOTICE AND ORDER: The Court has received your Petition for Writ of Habeas Corpus. Your case number is 20-643-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 6/30/2020. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 6/30/2020 (jaj).
June 30, 2020 Filing 1 PETITION for Writ of Habeas Corpus filed by Miguel Alcalde Cueto.(jaj)
June 30, 2020 Filing fee: $ 5.00, receipt number 44625012932 (tba)

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Petitioner: Miguel Alcalde Cueto
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Respondent: Chad Wolf
Represented By: Ray M. Syrcle
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Respondent: Robert Guardian
Represented By: Ray M. Syrcle
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Respondent: Randy Kern
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Respondent: Damon Acuff
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Respondent: William P. Barr
Represented By: Ray M. Syrcle
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Respondent: Damon Acoff
Represented By: Ray M. Syrcle
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