Decker v. Sproul
| Robert K. Decker |
| Daniel Sproul |
| 3:2023cv02482 |
| July 17, 2023 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Staci M Yandle |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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| Document Text |
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| Filing 8 AMENDED PETITION for Writ of Habeas Corpus filed by Robert K. Decker.(jaj) |
Filing 7
ORDER: Upon preliminary review of the initial filing in this case, the Court finds that the "Petition" (Doc. 1) does not appear to be a new habeas petition, but rather a notice that Petitioner's administrative remedies have been exhausted after a re-hearing with the Bureau of Prisons regarding an incident in a previously dismissed habeas action (3:18-cv-01531-NJR). Because his prior Petition was dismissed, Petitioner must include new claims related to the re-hearing in this habeas action if he wishes to proceed. His former case (3:18-cv-01531-NJR) is closed, and no relief is available in that case. Petitioner is ORDERED to submit an Amended Petition for Writ of Habeas Corpus that specifies his new claims regarding the re-hearing and the relief he is seeking on or before September 22, 2023, or this case will be dismissed. (Amended Petition due by 9/22/2023.) Signed by Chief Judge Nancy J. Rosenstengel on 8/23/2023. (kss) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
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 Chief Judge Nancy J. Rosenstengel on 8/22/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing fee: $ 5.00, receipt number 5026 (aza) |
| Filing 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Chief Judge Nancy J. Rosenstengel added. Judge Staci M. Yandle no longer assigned to case. (jaj) |
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Filing 4
ORDER REASSIGNING CASE: This habeas petition is similar to Case No. 18-1531-NJR filed in this Court in which Petitioner challenges a disciplinary action by the Bureau of Prisons. The other case is assigned to the Honorable Nancy J. Rosenstengel. Under the logic of Smith v. Check-n-Go of Illinois, 200 F.3d 511, 513 n.1 (7th Cir. 1999), this case should be reassigned to Chief Judge Rosenstengel. Accordingly, the undersigned hereby TRANSFERS this case (for reassignment by the Clerk's Office) to Chief District Judge Rosenstengel. Counsel should use the suffix "-NJR" in the case number of all future pleadings herein. Signed by Judge Staci M. Yandle on 7/18/2023. (cka) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 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 7/17/2023. Consent due by 8/7/2023 (kare) |
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Filing 2
NOTICE AND ORDER: The Court has received your Petition for Writ of Habeas Corpus. Your case number is 23-2482-SMY. 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 Staci M. Yandle on 7/17/2023. (kare)
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Robert K. Decker.(kare) |
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| Petitioner: Robert K. Decker | |
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| Respondent: Daniel Sproul | |
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