Bailey v. United States of America
| Brent Scott Bailey |
| United States of America and USA |
| 3:2020cv00759 |
| August 5, 2020 |
| 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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Filing 6
ORDER. Petitioner's Motion for Recruitment of Counsel (Doc. 3 ) is DENIED. The Court generally will not consider recruiting counsel for a pro se petitioner until the Court conducts a preliminary review of the Petition pursuant to Rule 4 of the Federal Rules Governing Section 2254 Cases in United States District Courts, which also applies to Section 2241 Petitions. Civil litigants do not have a constitutional or statutory right to counsel. Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007). A district court considering an indigent petitioner's request for counsel must first consider whether the petitioner has made reasonable attempts to secure counsel on his own or been effectively precluded from doing so; and, if so, whether the difficulty of the case factually and legally exceeds his capacity as a layperson to present it. Id. at 654-655. Neither of these requirements is satisfied. Petitioner has not demonstrated reasonable efforts to locate counsel on his own, and he identifies no significant impediments to self-representation. If the Petition survives preliminary review, Petitioner may renew his request for counsel, attaching rejection letters from at least 3 attorneys, to demonstrate that he has made reasonable efforts to obtain counsel on his own. Signed by Judge Staci M. Yandle on 8/28/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 5
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Staci M. Yandle on 8/12/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 4
NOTICE AND ORDER: The Court has received your Petition for Writ of Habeas Corpus and a motion to proceed without prepayment of the filing fee. Your case number is 20-759-SMY. The following is important information concerning the initial stages of your lawsuit. After your filing fee status is determined 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 8/5/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 MOTION to Appoint Counsel by Brent Scott Bailey (see Doc. 1, p. 4). (tjk) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Brent Scott Bailey (see Doc. 1, p. 3). (tjk) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Brent Scott Bailey.(tjk) |
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