McMurrer v. Sproul
Petitioner: Brian David McMurrer
Respondent: Warden Sproul
Case Number: 3:2021cv00772
Filed: July 6, 2021
Court: US District Court for the Southern District of Illinois
Presiding Judge: J Phil Gilbert
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2021 Set Deadlines: Warden Sproul answer due 9/20/2021. (kek)
August 13, 2021 Opinion or Order Filing 9 ORDER granting #8 Motion for Extension of Time to Answer. Response due 9/20/21. Signed by Judge J. Phil Gilbert on 8/13/2021. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 13, 2021 Filing 8 MOTION for Extension of Time to File Answer re #1 Petition for Writ of Habeas Corpus by Warden Sproul. (Pfeffer, David)
August 4, 2021 Filing 7 RETURN OF SERVICE Executed on Habeas Corpus Acknowledgement Letter by Warden Sproul. Warden Sproul served on 7/26/2021, answer due 8/25/2021. (Pfeffer, David)
August 4, 2021 Filing 6 NOTICE of Appearance by David J. Pfeffer on behalf of Warden Sproul (Pfeffer, David)
July 21, 2021 Filing 5 Letter to USAO constituting service. (tjk)
July 20, 2021 Opinion or Order Filing 4 MEMORANDUM AND ORDER, re: petitioner Brian David McMurrer's petition for writ of habeas corpus pursuant to 28 U.S.C. 2241 (Doc. 1). The respondent shall answer or otherwise plead on or before August 20, 2021. Signed by Judge J. Phil Gilbert on 7/20/2021. (jdh)
July 8, 2021 Opinion or Order Filing 3 ORDER: The Court has received your payment of the filing fee. Now 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 J. Phil Gilbert on 7/8/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 8, 2021 Filing fee: $ 5.00, receipt number 34625108886 (clt)
July 6, 2021 Opinion or Order Filing 2 NOTICE AND ORDER: The Court has received your Petition for Writ of Habeas Corpus. Your case number is 21-772-JPG. 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 J. Phil Gilbert on 7/6/2021. (kare)
July 6, 2021 Filing 1 PETITION for Writ of Habeas Corpus filed by Brian David McMurrer.(kare)

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Petitioner: Brian David McMurrer
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Respondent: Warden Sproul
Represented By: David J. Pfeffer
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