Weis v. Mitchell
Plaintiff: Michael Aaron Weis
Respondent: David Mitchell
Case Number: 3:2021cv01071
Filed: August 30, 2021
Court: US District Court for the Southern District of Illinois
Presiding Judge: Stephen P McGlynn
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 October 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 20, 2021 Filing 11 AMENDED JUDGMENT in favor of David Mitchell against Michael Aaron Weis - Cause dismissed without prejudice.Signed by Judge Stephen P. McGlynn on 10/20/2021. (jce)
October 20, 2021 Opinion or Order Filing 10 ORDER denying #9 Motion for Reconsideration, but granting in part regarding clarification. Plaintiff challenges the dismissal of his case on threshold review (Doc. #7 ). He is not entitled to relief under Rule 59(e), which permits a court to amend an order if the movant demonstrates a manifest error of law or facts or presents newly discovered evidence that was not previously available. Fed. R. Civ. P. 59(e). He is also not entitled to relief under Rule 60(b), which permits relief from judgment for a mistake, surprise or excusable neglect of the movant; fraud or misconduct of the opposing party; a judgment that is void or discharged; or newly discovered evidence. Fed. R. Civ. P. 60(b). Plaintiff also challenges the judgment (Doc. #8 ), and an Amended Judgment will be entered reflecting that this case was dismissed without prejudice, as set forth in the Order (Doc. #7 ). Signed by Judge Stephen P. McGlynn on 10/20/2021. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 20, 2021 Filing 9 MOTION for Clarification and MOTION for Reconsideration re #8 Judgment, #7 Order by Michael Aaron Weis. (jaj)
October 14, 2021 Filing 8 JUDGMENT - cause dismissed in favor of David Mitchell against Michael Aaron Weis. Signed by Judge Stephen P. McGlynn on 10/14/2021. (jce)
October 14, 2021 Opinion or Order Filing 7 ORDER denying #1 Petition for Writ of Habeas Corpus filed by Michael Aaron Weis. Signed by Judge Stephen P. McGlynn on 10/14/2021. (jce)
October 5, 2021 Filing 6 AMENDED PETITION for Writ of Habeas Corpus filed by Michael Aaron Weis.(jaj)
October 4, 2021 Opinion or Order Filing 5 NOTICE AND ORDER re: Doc #4 Motion to Supplement. Petitioner is not required to obtain leave of the Court before amending his petition at this early stage. See Fed. R. Civ. P. 15. Further, a review shows that he seeks to supplement his original petition, rather than replace it with a new petition. Although the Court normally does not accept piecemeal amendments to a habeas petition, Petitioner will be allowed to supplement the original petition as requested. The Clerk is DIRECTED to refile the original Petition #1 and proposed Amendment #4 together as the "First Amended Petition" in CM/ECF. Signed by Judge Stephen P. McGlynn on 10/4/2021. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 1, 2021 Filing 4 MOTION to Addend by Michael Aaron Weis. (jaj)
September 29, 2021 Filing fee: $ 5.00, receipt number 34625109968 (amv)
August 31, 2021 Filing 3 NOTICE OF MODIFICATION re #2 Order, The date of filing was entered in the Order instead of the case number 21-1071-SPM. Docket text corrected No further action is required by the filer in relation to this notification. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 30, 2021 Opinion or Order Filing 2 NOTICE AND ORDER: The Court has received your Petition for Writ of Habeas Corpus. Your case number is 8/30/2021. 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 Stephen P. McGlynn on 8/30/2021. (jaj)
August 30, 2021 Filing 1 PETITION for Writ of Habeas Corpus filed by Michael Aaron Weis.(jaj)

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Plaintiff: Michael Aaron Weis
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Respondent: David Mitchell
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