Farley v. Wills
| Michael P. Farley |
| Anthony Wills |
| 3:2021cv00756 |
| June 30, 2021 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 5
ORDER: Plaintiff Michael P. Farley has filed a Motion for Leave to Proceed In Forma Pauperis ("IFP") in this case (see Doc. #2 ), but has failed to provide the necessary prisoner trust fund account information to determine whether he is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 12/30/2020 to 6/30/2021 no later than 30 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). (Trust Fund Statement due on or before 9/22/2021). Signed by Judge Stephen P. McGlynn on 8/23/2021. (anb2)
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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 21-756-SPM. 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 Stephen P. McGlynn on 6/30/2021. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 NOTICE OF MODIFICATION re #1 Petition for Writ of Habeas Corpus filed by Michael P. Farley. The incorrect initials were listed on the document. The correct case number is: 21-756-SPM. No further action is required by the filer in relation to this notification. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Michael P. Farley. (jaj) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Michael P. Farley. (Attachments: #1 part 2, #2 part 3, #3 part 4, #4 part 5, #5 part 6, #6 part 7, #7 part 8, #8 Cover sheet)(jaj) |
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| Respondent: Anthony Wills | |
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