Engel v. Payne
| Joseph Michael Engel |
| Stanley Payne |
| 4:2020cv01211 |
| September 3, 2020 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| David D Noce |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.
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Filing 6
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis [ECF No. #5 ] is GRANTED. IT IS FURTHER ORDERED that petitioner shall show cause in writing within thirty (30) days of the date of this Order, why his petition should not be dismissed, without prejudice, pursuant to 28 U.S.C. 2254(b)(1)(A) for failure to exhaust available state remedies. ( Show Cause Response due by 11/20/2020.) Signed by Magistrate Judge David D. Noce on 10/21/2020. (JMP)
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ORDER RECEIPT: (see receipt) Docket No: 7. Wed Oct 21 13:40:54 CDT 2020 (Parker, Jacqueline)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis by Petitioner Joseph Michael Engel. (KJS) |
| Filing 4 AMENDED PETITION for Writ of Habeas Corpus (Filing fee $ 0.) by Petitioner Joseph Michael Engel. (KJS) |
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Filing 3
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk mail to plaintiff Joseph Michael Devon Engel a copy of the Court's 'Prisoner Civil Rights Pleading' form, '2254 Habeas Corpus Petition' form, and 'Application to Proceed in District Court without Prepaying Fees or Costs' form. IT IS FURTHER ORDERED that plaintiff must file an amended pleading, in accordance with the instructions set forth above, on the Court's form within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that plaintiff must either pay the full filing fee or submit an application to proceed without prepayment of fees and costs within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that, if plaintiff chooses to submit an application to proceed without prepaying fees or costs and plaintiff maintains a prison account at ERDCC, he shall file a certified copy of his prison account statement for the six-month period immediately preceding the filing of the pleading, within thirty (30) days of the date of this Order. IT IS FINALLY ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice and without further notice. (Amended/Supplemental Pleadings due by 10/12/2020.) Signed by Magistrate Judge David D. Noce on 9/11/2020. (Attachments: #1 Attachment 2254 Form, #2 Attachment Application to Proceed without paying fees or costs)(AFC)
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ORDER RECEIPT: (see receipt) Docket No: 3. Mailed to non-electronic party this date. Fri Sep 11 11:12:13 CDT 2020 (Cordray, Abby)
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| Filing 2 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (FLJ) |
| ***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (DJO) |
| Case Opening Notification: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. Judge Assigned: Honorable David D. Noce. (DJO) |
| ***Complaint Letter Processed (see notice of electronic filing for distribution list) Wed Sep 9 13:00:49 CDT 2020 (admin,) |
| Filing 1 PETITION UNDER 28 U.S.C. 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY by Petitioner Joseph Michael Engel. (Attachments: #1 Judge Assignment Label, #2 Envelope)(DJO) |
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| Petitioner: Joseph Michael Engel | |
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| Respondent: Stanley Payne | |
| Represented By: | Office of Missouri Attorney General - Habeas Division |
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