Akers v. Simpkins
| Montgomery Carl Akers |
| Nathan Simpkins |
| 3:2022cv02192 |
| September 20, 2022 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 13
ORDER GRANTING Petitioner's motion to reconsider his in forma pauperis status (Doc. #12 ) based on the financial information provided with his motion. According to the detailed trust fund account information attached to the motion, Petitioner's actual available balance is $0.00 due to encumbrances on his account (Doc. 12, p. 4). Accordingly, the Order denying Petitioner's motion to proceed IFP (Doc. 11) is VACATED and Petitioner's motion to proceed IFP is GRANTED. Signed by Judge David W. Dugan on 10/25/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 12 MOTION for Reconsideration re 11 Order on Motion for Leave to Proceed in forma pauperis,,, by Montgomery Carl Akers. (kare) |
|
Filing 11
VACATED per Court Order at Doc. 13: ORDER DENYING Petitioner's motion to proceed in forma pauperis (Doc. #2 ) based on the financial information provided (Doc. #3 ). According to Petitioners motion, his trust fund account balance as of the filing of the petition was $59.01, which is sufficient to cover the $5.00 filing fee. Accordingly, Petitioner is ORDERED to pay the $5.00 filing fee in this case not later than thirty (30) days from the date of entry of this Order. Payment of the $5.00 filing fee shall be sent to: United States District Court, Clerk's Office, 750 Missouri Avenue, East St. Louis, Illinois, 62201. At the time payment is made, Petitioners name and the case number assigned to this action shall be clearly identified. Signed by Judge David W. Dugan on 10/3/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 10/25/2022 (tjk).
|
| Filing 10 NOTICE of Change of Address by Montgomery Carl Akers (amv) |
|
Filing 9
ORDER regarding Petitioner's Petition for Writ of Habeas Corpus Under 28 U.S.C. 2241 (Doc. #1 ). The Court has conducted a preliminary review of Petitioner's Petition. The Court notes that Petitioner makes two passing references to confinement conditions that include torture and psychological punishments. (Doc. 1, pg. 5). However, a petition for a writ of habeas corpus is an improper vehicle for bringing claims related to conditions of confinement or violations of rights. See Annamalai v. Sproul, Case. No. 22-144, 2022 WL 621997, *1 (S.D. Ill. March 3, 2022). Accordingly, to the extent that Petitioner seeks to raise such claims in the present case, the claims are DISMISSED without prejudice. Petitioner is advised that, if he desires to bring such claims, he must do so by filing a separate civil rights lawsuit under 42 U.S.C. 1983 or Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). See Grady v. Franke, Case No. 20-01372, 2021 WL 638859, *1 (S.D. Ill. Jan. 4, 2021). To assist Petitioner in this manner, the Clerk is DIRECTED to send Petitioner a copy of this Order together with the forms for filing a civil rights action. The remainder of Petitioner's claims, as stated in the Petition, will be fully screened as soon as practicable. Signed by Judge David W. Dugan on 9/21/2022. (jnh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 8
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 from the Northern District of West Virginia, previously assigned case number 22-cv-147-GMG-RWT. Your new case number is 22-cv-2192-DWD. 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 David W. Dugan on 9/20/2022. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 7 Case transferred in from District of West Virginia Northern; Case Number 3:22-cv-00147. Original file certified copy of transfer order and docket sheet received. |
|
Filing 6
ORDER TRANSFERRING CASE. Signed by District Judge Gina M Groh on 9/19/2022. (je)Copy to pro se Petitioner by CMRR. [Transferred from West Virginia Northern on 9/20/2022.]
|
| Case transferred to District of Southern District of Illinois. Entire Case file electronically transmitted. (je) [Transferred from West Virginia Northern on 9/20/2022.] |
| Filing 5 Notice of General Guidelines for Appearing Pro Se In Federal Court. (je)Copy to pro se Petitioner by CMRR. (Additional attachment(s) added on 8/29/2022: #1 Certified Mail Return Receipt) (je). [Transferred from West Virginia Northern on 9/20/2022.] |
| Filing 4 NOTICE OF DEFICIENT PLEADING. (je)Copy to pro se Petitioner by CMRR. (Additional attachment(s) added on 8/29/2022: #1 Certified Mail Return Receipt) (je). [Transferred from West Virginia Northern on 9/20/2022.] |
| Filing 3 ** SEALED ** Prisoner Trust Fund Account Statement by Montgomery Carl Akers. (Attachments: #1 Envelope)(je) [Transferred from West Virginia Northern on 9/20/2022.] |
| Filing 2 ** SEALED** MOTION for Leave to Proceed in forma pauperis by Montgomery Carl Akers. (Attachments: #1 Envelope)(je) [Transferred from West Virginia Northern on 9/20/2022.] |
| Filing 1 PETITION for Writ of Habeas Corpus against Nathan Simpkins, filed by Montgomery Carl Akers. (Attachments: #1 Certificate of Service, #2 Envelope)(je) [Transferred from West Virginia Northern on 9/20/2022.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Akers v. Simpkins | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Montgomery Carl Akers | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: Nathan Simpkins | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
