Counts v. Warden
| Joseph Paul Counts |
| Unknown Party |
| 3:2023cv02172 |
| June 23, 2023 |
| U.S. District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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This docket was last retrieved on May 8, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 18
ORDER: #17 Motion for Reconsideration DENIED. Signed by Judge Stephen P. McGlynn on 8/3/2023. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 MOTION to Object and Reconsider by Joseph Paul Counts. (kare) |
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Filing 16
ORDER: #15 Motion for Leave to Amend DENIED. The Court is open to considering a motion to amend the petition, but proposed piecemeal amendments are not accepted. Signed by Judge Stephen P. McGlynn on 7/24/2023. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 15 MOTION for Leave to Amend by Joseph Paul Counts. (kare) |
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Filing 14
ORDER: #13 Motion for Reconsideration DENIED as moot. The filing fee was received by the Clerk's Office on 7/17/2023. Signed by Judge Stephen P. McGlynn on 7/18/2023. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 MOTION to Object and for Reconsideration re 11 Order,,,,,, Terminate Motions,,,,,, Set Deadlines,,,,, by Joseph Paul Counts. (kare) |
| Filing fee: $ 5, receipt number 4451 (aza) |
| Filing 12 Prisoner Trust Fund Account Statement by Joseph Paul Counts. (adh) |
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Filing 11
ORDER: Petitioner's motions to proceed in forma pauperis (Docs. #4 , #7 ) DENIED based on the financial information provided with his motion. Petitioner received over at least $200.00 in deposits over the last six months according to his incomplete trust fund account statement and he stated in his affidavit that he receives $50-$75 per month, which is sufficient to cover the $5.00 filing fee. Petitioner also has at least $49,200.00 in assets according to his affidavit. 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, Petitioner's name and the case number assigned to this action shall be clearly identified. If you fail to pay 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). (Action due by 8/7/2023.) Signed by Judge Stephen P. McGlynn on 7/6/2023. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Stephen P. McGlynn. 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 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Attachments: #1 letter)(kare) |
| Filing 8 Prisoner Trust Fund Account Statement by Joseph Paul Counts. (kare) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Joseph Paul Counts. (kare) |
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Filing 6
ORDER: Plaintiff Joseph Paul Counts has filed a Motion for Leave to Proceed In Forma Pauperis ("IFP") in this case (see Doc. #4 ), 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 12/23/2022 to 6/23/2023 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 7/31/2023). Signed by Judge Stephen P. McGlynn on 6/29/2023. (anb2)
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| Filing 5 SUPPLEMENT by Joseph Paul Counts. Supplement to #1 Petition for Writ of Habeas Corpus. (jaj) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Joseph Paul Counts. (jaj) |
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Filing 3
NOTICE AND ORDER: The Court has received your Petition for Writ of Habeas Corpus. Your case number is 23-2172-SPM. 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 6/23/2023. (jaj)
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| Filing 2 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 6/23/2023. Consent due by 7/14/2023 (jaj) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Joseph Paul Counts.(jaj) |
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