Green v. Yates
| Kevin Green |
| John P Yates |
| 3:2023cv01623 |
| May 12, 2023 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 38 Mail Returned as Undeliverable. Document 32 sent to Kevin Green. (kek) |
| Filing 37 Letter to AUSA constituting service. (tjk) |
Filing 36
ORDER. Green's motions to amend his petition (Docs. 19, 22) are GRANTED. The Government is ORDERED to respond to Green's petition insofar as it alleges loss of good time or inability to complete prison programming that would have resulted in the BOP reducing the length of time that Green is incarcerated within 30 days. The Government shall attach portions of the record in response and a copy of Green's full disciplinary history while in BOP custody. Signed by Judge Staci M. Yandle on 6/14/2023. (cka)
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| Filing 35 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 347, this case will remain with the assigned District Judge Staci M. Yandle. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 34 Letter from Kevin Green. (adh) |
| Filing 33 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (adh) |
| Filing 32 NOTICE: Petitioner was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 347, Petitioner shall return the form within 7 days or face possible sanctions. Consent due by 6/12/2023 (kare) |
| Filing 31 NOTICE FROM CLERK Instructing Petitioner to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 347, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Petitioner on 5/12/2023. Consent due by 6/2/2023 (kare) |
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Filing 30
NOTICE AND ORDER: This Court has received your petition from the Eastern District of Arkansas, previously assigned case number: 22-cv-180-BSM-JJV. Your new case number is 23-1623-SMY. The following is important information concerning the initial stages of your lawsuit. 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 5/12/2023. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 29 Case transferred in from District of Arkansas Eastern; Case Number 2:22-cv-00180. Original file certified copy of transfer order and docket sheet received. |
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Filing 28
ORDER directing the Clerk to transfer a copy of this Order and the original file of this Court to the Clerk of the United States District Court for the Southern District of Illinois; and directing the Clerk to wait 30 days to effectuate the transfer. Signed by Magistrate Judge Joe J. Volpe on 04/10/2023. (llg) [Transferred from Arkansas Eastern on 5/12/2023.]
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Filing 27
ORDER rejecting #18 Proposed Findings and Recommendations; and remanding this case to Magistrate Judge Joe J. Volpe for consideration of Green's motion for leave to proceed in forma paupers as attached to Doc. No. #19 . Signed by Judge Brian S. Miller on 4/6/2023. (ldb) [Transferred from Arkansas Eastern on 5/12/2023.]
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| Filing 26 NOTICE OF DOCKET CORRECTION re #23 Notice of Change of Address. CORRECTION: The original document was attached in error (lack of file mark) due to a clerical mistake by the Clerk's office. The correct document was added to docket entry #23 and is attached hereto for review by the parties. (jak) [Transferred from Arkansas Eastern on 5/12/2023.] |
| Filing 25 NOTICE OF DOCKET CORRECTION re #24 Objection. CORRECTION: The original document was attached in error (wrong image file) due to a clerical mistake by the Clerk's office. The correct document was added to docket entry #24 and is attached hereto for review by the parties. (jak) [Transferred from Arkansas Eastern on 5/12/2023.] |
| Filing 24 OBJECTION to #18 Report and Recommendations by Kevin Green. (kdr) (Additional attachment(s) added on 2/28/2023: #1 Main Document - Correct) (jak). [Transferred from Arkansas Eastern on 5/12/2023.] |
| Filing 23 NOTICE of Change of Address by Kevin Green. (kdr) (Additional attachment(s) added on 3/1/2023: #1 Main Document - Correct) (jak). [Transferred from Arkansas Eastern on 5/12/2023.] |
| Filing 22 MOTION to Amend #1 and #12 Petitions for Writ of Habeas Corpus by Kevin Green. (llg) [Transferred from Arkansas Eastern on 5/12/2023.] |
| Filing 21 NOTICE to the Court by Kevin Green. (llg) [Transferred from Arkansas Eastern on 5/12/2023.] |
| Filing 20 NOTICE of Change of Address by Kevin Green. (kdr) [Transferred from Arkansas Eastern on 5/12/2023.] |
| Filing 19 MOTION to Amend #1 #12 Petitions for Writ of Habeas Corpus by Kevin Green. (kdr) [Transferred from Arkansas Eastern on 5/12/2023.] |
| Filing 18 PROPOSED FINDINGS AND RECOMMENDATIONS that the Petition for Writ of Habeas Corpus be dismissed without prejudice #12 . No certificate of appealability be issued. Objections due no later than 14 days from the date of this recommendation. Signed by Magistrate Judge Joe J. Volpe on 1/12/2023. (lej) [Transferred from Arkansas Eastern on 5/12/2023.] |
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Filing 17
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Petitioner's motion for copies #15 . Petitioner's Petition is 111 pages long. However, he may return the copy for inspection by the Clerk's Office to determine if the copy mailed was flawed. If such a determination is made, a new copy will be mailed to Petitioner. Signed by Magistrate Judge Joe J. Volpe on 1/12/2023. (lej) [Transferred from Arkansas Eastern on 5/12/2023.]
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| Filing 16 NOTICE to the Court by Kevin Green. (kdr) [Transferred from Arkansas Eastern on 5/12/2023.] |
| Filing 15 MOTION for Copies by Kevin Green. (kdr) [Transferred from Arkansas Eastern on 5/12/2023.] |
| Filing 14 NOTICE OF DOCKET CORRECTION re #12 Amended Petition for Writ of Habeas Corpus. CORRECTION: The original document was attached in error (incomplete image file) due to a clerical mistake by the Clerk's office. The correct document was added to docket entry #12 and is attached hereto for review by the parties. (jak) [Transferred from Arkansas Eastern on 5/12/2023.] |
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Filing 13
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying as frivolous Petitioner's motion for order and motion for miscellaneous relief #4 #11 . Petitioner's motion for leave to proceed in forma pauperis fails to provide the necessary information to grant in forma pauperis status under the statute. See 28 U.S.C. 1915. For Petitioner to proceed in forma pauperis, he must provide the Application to Proceed in District Court Without Prepaying Fees or Costs with a calculation sheet. The Court mailed Petitioner the necessary forms to complete this process. (Doc. No. 10.) Accordingly, his motion is denied without prejudice #11 . Signed by Magistrate Judge Joe J. Volpe on 12/13/2022. (lej) [Transferred from Arkansas Eastern on 5/12/2023.]
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| Filing 11 MOTION for Miscellaneous Relief filed by Kevin Green. [Docketed pursuant to #10 Order] (jak) [Transferred from Arkansas Eastern on 5/12/2023.] |
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Filing 10
ORDER directing Petitioner to file a Petition for Writ of Habeas Corpus within 30 days of the date of this Order if he wishes to proceed with this action; directing the Clerk to mail to Petitioner an Application to Proceed in District Court Without Prepaying Fees or Costs with a calculation sheet; directing Petitioner to either pay the $5.00 statutory filing fee in full or file a properly completed Application to Proceed in District Court Without Prepaying Fees or Costs with a calculation sheet within 30 days of the date of this Order if he wishes to proceed with this action; and directing the Clerk to re-file what is currently filed as the #1 Petition for Writ of Habeas Corpus as a Miscellaneous Motion for Relief. Signed by Magistrate Judge Joe J. Volpe on 12/7/2022. (jbh) [Transferred from Arkansas Eastern on 5/12/2023.]
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| Filing 12 AMENDED PETITION for Writ of Habeas Corpus, filed by Kevin Green. Related document: #1 Petition for Writ of Habeas Corpus filed by Kevin Green.(kdr) (Additional attachment(s) added on 12/15/2022: #1 Main Document - Correct) (jak). [Transferred from Arkansas Eastern on 5/12/2023.] |
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Filing 9
ORDER rejecting #3 proposed findings and recommendations; and remanding this case to Judge Volpe for consideration of Green's motion for leave to proceed in forma pauperis. Signed by Judge Brian S. Miller on 11/23/2022. (jbh) [Transferred from Arkansas Eastern on 5/12/2023.]
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| Filing 8 NOTICE to the Court by Kevin Green. (ldb) [Transferred from Arkansas Eastern on 5/12/2023.] |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Kevin Green. (kdr) [Transferred from Arkansas Eastern on 5/12/2023.] |
| Filing 6 DISPOSITION by Kevin Green. (ldb) [Transferred from Arkansas Eastern on 5/12/2023.] |
| Filing 5 OBJECTION to #3 Proposed Findings and Recommendations and Request for Copies, by Kevin Green. (ldb) [Transferred from Arkansas Eastern on 5/12/2023.] |
| Filing 4 MOTION for Order by Kevin Green. (ldb) [Transferred from Arkansas Eastern on 5/12/2023.] |
| Filing 3 PROPOSED FINDINGS AND RECOMMENDATIONS that the Petition for Writ of Habeas Corpus be dismissed and the requested relief be denied #1 . No certificate of appealability be issued. Objections due no later than 14 days from the date of this recommendation. Signed by Magistrate Judge Joe J. Volpe on 10/11/2022. (lej) [Transferred from Arkansas Eastern on 5/12/2023.] |
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Filing 2
ORDER that the Clerk shall mail to Petitioner an Application to Proceed in District Court Without Prepaying Fees or Costs with a calculation sheet. If Petitioner wishes to proceed with this action, he must, within 30 days of the date of this order, either (1) pay the $5 statutory filing fee in full; or (2) file a properly completed Application to Proceed in District Court Without Prepaying Fees or Costs with a calculation sheet. Failure to timely and properly comply with this order may result in dismissal of this action without prejudice, pursuant to LR 5.5(c)(2). Signed by Magistrate Judge Joe J. Volpe on 10/11/2022. (lej) [Transferred from Arkansas Eastern on 5/12/2023.]
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Kevin Green. (ldb) [Transferred from Arkansas Eastern on 5/12/2023.] |
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| Petitioner: Kevin Green | |
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| Respondent: John P Yates | |
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