Campbell v. Wills
| Caleb Campbell |
| Anthony Wills |
| 3:2024cv01999 |
| August 22, 2024 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 11 Letter to the Court from Caleb Campbell regarding Consent Form. (tkm) |
Filing 9
ORDER: Before the Court is #7 Motion for Extension of Time to File and what the Court construes as a #8 Motion for Reconsideration submitted by pro se Petitioner Caleb Campbell. In unsigned letters, Petitioner Campbell states that he mailed a motion for leave to proceed in forma pauperis and a prison trust fund statement prior to the expiration of the Court's deadline on September 23, 2024. (See Doc. 3). However, both of his submitted documents do not comply with Federal Rule of Civil Procedure 11 because they are not signed by the Petitioner. Additionally, Petitioner Campbell failed to file the form consenting or declining to consent to magistrate judge jurisdiction prior to the September 19, 2024 deadline. (See Doc. 4). While the Court understands that inmates at Menard Correctional Center have been subject to lockdowns, Petitioner Campbell is still required to comply with the Federal Rules of Civil Procedure. Therefore, #7 Motion for Extension of Time to File and #8 Motion for Reconsideration are both DENIED for failure to comply with Federal Rule of Civil Procedure 11. However, in the interest of justice, the Court's 5 Order and #6 Clerk's Judgment closing this case are hereby VACATED. Petitioner Campbell shall submit a signed motion for leave to proceed in forma pauperis and a prison trust fund account statement for the preceding six months no later than October 22, 2024. The Clerk of Court is DIRECTED to provide a copy of this District's in forma pauperis certification form to Petitioner Campbell. Failure to abide by the Court's deadline will result in the dismissal of this case without prejudice for failure to prosecute. Fed. R. Civ. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). Signed by Judge Stephen P. McGlynn on 10/1/2024. (trf) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 MOTION for Reconsideration re 5 Order, #6 Clerk's Judgment by Caleb Campbell. (jaj) |
| Filing 7 MOTION for Extension of Time to File Motion to Proceed IFP and Trust fund Statement and MOTION for Forms by Caleb Campbell. (jaj) |
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Filing 6
VACATED PER ORDER 9- CLERK'S JUDGMENT. Approved by Judge Stephen P. McGlynn on 9/24/2024. (trf) Modified on 10/1/2024 (jle).
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Filing 5
VACATED PER ORDER 9- ORDER: Before the Court is #1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 filed by Petitioner Caleb Campbell. On August 22, 2024, Petitioner Campbell was ordered to either submit the $5.00 filing fee for this action or to submit a motion to proceed without prepayment of the filing fee. (See Doc. 3). Petitioner Campbell failed to submit either the filing fee or a motion for leave to proceed in forma pauperis before the 30-day deadline. Petitioner Campbell was warned that failure to do so would result in dismissal of this case without prejudice for failure to prosecute. Fed. R. Civ. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). Therefore, #1 Petition for Writ of Habeas Corpus is DENIED. This case is DISMISSED without prejudice. The Clerk of Court is DIRECTED to close this case on the Court's docket. Signed by Judge Stephen P. McGlynn on 9/24/2024. (trf) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 10/1/2024 (jle).
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| Filing 4 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. 386, Petitioner shall return the form within 7 days or face possible sanctions. Consent due by 9/19/2024 (kare) |
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Filing 3
NOTICE AND ORDER: The Court has received your Petition for Writ of Habeas Corpus. Your case number is 24-1999-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 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 Judge Stephen P. McGlynn on 8/22/2024. (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. 386, 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 8/22/2024. Consent due by 9/12/2024 (jaj) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Caleb Campbell. (Attachments: #1 Petition part 2, #2 cover sheet)(jaj) |
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| Petitioner: Caleb Campbell | |
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