Condon v. Wills
| Andrew Condon |
| Anthony Wills |
| 3:2023cv03747 |
| November 20, 2023 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on January 10, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 SECOND AMENDED PETITION against Anthony Wills, filed by Andrew Condon.(adh) |
Filing 21
ORDER: The #17 Motion for Leave to File a Second Amended Petition for Writ of Habeas Corpus filed by Petitioner Andrew Condon is GRANTED. The Clerk of Court is DIRECTED to file the Proposed Second Amended Petition (Docs. 17-1, 17-2) on the docket. Condon's #18 Motion for Leave to Obtain Limited Discovery is DENIED without prejudice. After briefing on the petition is complete, the Court will determine whether any further evidence or an evidentiary hearing is necessary. Finally, Respondent Anthony Wills' #19 Motion for Extension of Time is GRANTED. Respondent shall answer or otherwise respond to the Second Amended Petition on or before February 12, 2024. Signed by Chief Judge Nancy J. Rosenstengel on 1/9/2024. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 20
ORDER DENYING as moot #16 Motion for Leave to Proceed in forma pauperis. Petitioner's motion, dated November 20, 2023, but filed on January 5, 2024, predates the payment of his filing fee on December 11, 2023. Thus, the motion is DENIED as moot. Signed by Chief Judge Nancy J. Rosenstengel on 1/8/2024. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 19 First MOTION for Extension of Time to File Answer by Anthony Wills. (Snitzer, Katherine) |
| Filing 18 MOTION for Leave to Obtain Limited Discovery by Andrew Condon. (jaj) |
| Filing 17 MOTION for Leave to File a Second Amended Petition for Writ of Habeas Corpus by Andrew Condon. (Attachments: #1 Proposed Second Amended Petition - part 1, #2 Proposed Second Amended Petition - part 2)(jaj) |
| Filing 16 MOTION for Leave to Proceed in forma pauperis by Andrew Condon. (jaj) |
| Filing 15 RETURN OF SERVICE Executed on Habeas Corpus Acknowledgement Letter by Anthony Wills. Anthony Wills served on 12/14/2023, answer due 1/16/2024. (Snitzer, Katherine) |
| Filing 14 NOTICE of Appearance by Katherine Snitzer on behalf of Anthony Wills (Snitzer, Katherine) |
| Filing 13 Letter to Illinois Attorney General constituting service. (tjk) |
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Filing 12
ORDER: Petitioner Andrew Condon's second #11 Motion for Leave to Proceed in forma pauperis is DENIED as moot. Respondent Anthony Wills is ORDERED to answer or otherwise plead on or before January 12, 2024. Signed by Chief Judge Nancy J. Rosenstengel on 12/13/2023. (mlp)
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| Filing 11 MOTION for Leave to Proceed in forma pauperis by Andrew Condon. (jaj) |
| Filing 10 FIRST AMENDED PETITION as of Right for Writ of Habeas Corpus filed by Andrew Condon.(jaj) |
| Filing fee: $ 5.00, receipt number 6651 (djw) |
| Filing 9 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned Chief District Judge Nancy J. Rosenstengel. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
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Filing 7
ORDER DENYING Petitioner's motion to proceed in forma pauperis (Doc. #2 ) based on the financial information provided (Doc. #5 ). According to Petitioner's prison trust fund account, his balance as of November 16, 2023 was $2416.41, which is sufficient to cover the $5.00 filing fee (Doc. #5 ). 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. Signed by Chief Judge Nancy J. Rosenstengel on 11/28/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
ORDER GRANTING #5 Motion for Leave to File Trust Fund Balance Instanter. Signed by Chief Judge Nancy J. Rosenstengel on 11/27/2023. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 MOTION for Leave to File Trust Fund Balance Instanter by Andrew Condon. (kare) |
| Filing 4 NOTICE FROM CLERK Instructing Petitioner to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 347 and 367, 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 11/20/2023. Consent due by 12/11/2023 (kare) |
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Filing 3
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. Your case number is 23-3747-NJR. 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 fourteen 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 11/20/2023. (kare)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Andrew Condon. (kare) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Andrew Condon.(kare) |
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| Petitioner: Andrew Condon | |
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| Respondent: Anthony Wills | |
| Represented By: | Katherine Snitzer |
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