Mitchell v. BOP et al
| Donald Mitchell |
| M. J. Bayless |
| 3:2025cv00521 |
| April 7, 2025 |
| U.S. District Court for the Southern District of Illinois |
| J Phil Gilbert |
| 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 31, 2025. A more recent docket listing may be available from PACER.
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| Filing 22 Mail Returned as Undeliverable. Document 21 sent to Plaintiff Donald Mitchell (jaj) |
| Show Cause Response due by 10/10/2025. (eab) |
Filing 21
ORDER GRANTING Respondent M.J. Bayless's #20 Motion for Order to Show Cause. In four separate orders the Court has entered in this case, it has notified the Petitioner Donald Mitchell that, if his address changes, he must notify the Court within fourteen days by filing a Notice of Change of Address. As of August 18, 2025, Petitioner is no longer in BOP custody. It has been over fourteen days since Petitioners release, and he has not updated his address with this Court. The Court ORDERS Petitioner to SHOW CAUSE on or before October 10, 2025, why the Court should not dismiss this case pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute or to comply with court rules. If Petitioner fails to respond to this order to show cause, the Court may dismiss the case with prejudice pursuant to Rule 41(b) for failure to prosecute or to comply with court rules. Signed by Judge J. Phil Gilbert on 9/10/2025. (mdm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 20 MOTION for Order to Show Cause by M. J. Bayless. (Oehmke, Kyle) |
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Filing 19
ORDER granting #17 Motion to Substitute Party. The Court DIRECTS the Clerk of Court to substitute M.J. Bayless as the sole respondent in this case. Anita Cano (DHO), Justin Collins (Staff Member Representative), Angela Darizo (Counselor), Dismas Charities, Pauline Ferguson (Chairperson for the Committee Hearing), Darius Medley (Resident Monitor), Lashonda Adams (Director) and BOP are terminated. Signed by Judge J. Phil Gilbert on 8/11/2025. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 18 RESPONSE to #10 Amended Petition for Writ of Habeas Corpus filed by BOP. (Attachments: #1 Exhibit 1 - Cano Declaration)(Oehmke, Kyle) |
| Filing 17 MOTION to Substitute Party by All Defendants. (Oehmke, Kyle) |
| Filing 16 NOTICE of Appearance by Kyle C. Oehmke on behalf of All Defendants (Oehmke, Kyle) |
| Filing 15 RETURN OF SERVICE Executed on Habeas Corpus Acknowledgement Letter by Angela Darizo, Anita Cano, Darius Medley, Justin Collins, BOP, Pauline Ferguson, Dismas Charities. Angela Darizo served on 7/10/2025, answer due 8/11/2025; Anita Cano served on 7/10/2025, answer due 8/11/2025; Darius Medley served on 7/10/2025, answer due 8/11/2025; Justin Collins served on 7/10/2025, answer due 8/11/2025; BOP served on 7/10/2025, answer due 8/11/2025; Pauline Ferguson served on 7/10/2025, answer due 8/11/2025; Dismas Charities served on 7/10/2025, answer due 8/11/2025; Lashonda Adams served on 7/10/2025, answer due 8/11/2025. (Oehmke, Kyle) |
| Filing 14 Letter from USDC-SDIL to USAO constituting service. (mado) |
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Filing 13
MEMORANDUM AND ORDER FOR SERVICE OF PROCESS. Signed by Judge J. Phil Gilbert on 7/10/2025. (jdh)
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Filing 12
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 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 J. Phil Gilbert on 7/2/2025. (mado)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 11
ORDER re #10 Amended Petition for Writ of Habeas Corpus filed by Donald Mitchell. The signed petition is accepted as timely. The Court will proceed to the preliminary review. Signed by Judge J. Phil Gilbert on 7/2/2025. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 EXECUTED PETITION for Writ of Habeas Corpus filed by Donald Mitchell.(jaj) |
| Filing 9 Letter from Intelligence Officer, FCI Cumberland, providing explanation as to the delay of the Petitioner filing the executed document. (jaj) |
| Filing 8 NOTICE of Change of Address by Donald Mitchell. (jaj) |
| Amended Pleadings due by 6/13/2025. (mado) |
| Filing fee: $ 5, receipt number 16226 (clw) |
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Filing 7
ORDER re #1 Petition for Writ of Habeas Corpus filed by Donald Mitchell. The petition has not been signed. Federal Rule of Civil Procedure 11(a) requires that pleadings be signed by an attorney representing the party or, if the party is unrepresented, personally by the party himself. The Court must strike documents that fail to comply with Rule 11(a)'s signature requirement if the deficiency is not promptly corrected. The Court DIRECTS the Clerk of Court to send Mitchell a copy of the 2241 petition. Mitchell shall have 21 days from entry of this order to sign the copy of the petition and resubmit the petition to the Court for filing as a supplement to the original petition. Should Mitchell fail to file a signed petition within 21 days, the Court will strike his petition for failure to comply with Rule 11(a) and will dismiss this case pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute or failure to obey a Court order or under its inherent authority to manage its docket. Signed by Judge J. Phil Gilbert on 5/23/2025. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 386, this case will remain with the assigned District Judge J. Phil Gilbert. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jaj) |
| Filing 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 4 NOTICE: Plaintiff 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, Plaintiff shall return the form within 7 days or face possible sanctions. Consent due by 5/5/2025 (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 25-521-JPG. 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 fail to pay the filing fee or submit a 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 J. Phil Gilbert on 4/7/2025. (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 4/7/2025. Consent due by 4/28/2025 (jaj) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Donald Mitchell.(jaj) |
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| Petitioner: Donald Mitchell | |
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| Respondent: M. J. Bayless | |
| Represented By: | Kyle C. Oehmke |
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