Theisen et al v. Huhn
| Michael R. Theisen and Matthew E. Theisen |
| Valerie Huhn |
| 4:2022cv00644 |
| June 17, 2022 |
| U.S. District Court for the Eastern District of Missouri |
| Matthew T Schelp |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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Filing 7
ORDER OF DISMISSAL IT IS HEREBY ORDERED that petitioner's motion for voluntary dismissal, Doc. #6 , is GRANTED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. See Fed.R.Civ.P.41(a). IT IS HEREBY CERTIFIED that an appeal would not be taken in good faith. Signed by District Judge Matthew T. Schelp on 8/8/2022. (KXS)
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ORDER RECEIPT: (see receipt) Docket No: 7. Mon Aug 8 16:14:29 CDT 2022 (Spurgeon, Katherine)
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| Filing 6 MOTION to Withdraw Petition for Habeas Corpus Under U.S.C. 2241 by Petitioner Michael R. Theisen. (TMT) |
| ***REMARK - Per #5 , Matthew E. Theisen has been severed from this matter and a new habeas case has been opened under case number 4:22-cv-00715 NAB. (TMT) |
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Filing 5
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner Matthew E. Theisen is SEVERED from this action. IT IS FURTHER ORDERED that the Clerk shall open a new habeas action for Matthew E. Theisen with a copy of the petition filed in this action. IT IS FURTHER ORDERED that the handwritten joint motion to proceed in forma pauperis [ECF No. #4 ] is DENIED without prejudice. Petitioner Michael R. Theisen will not be required to file a new motion to proceed in forma pauperis as he has paid the full $5.00 filing fee in this action. IT IS FURTHER ORDERED that the Clerk of Court is directed to mail to petitioner Michael R. Theisen a copy of the Court's form "Petition under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody." IT IS FURTHER ORDERED that petitioner Michael R. Theisen shall file an amended petition on the Court-provided form within twenty-one (21) days of the date of this Order. Petitioner is advised that his amended petition will take the place of his original petition and will be the only pleading that this Court will review. IT IS FURTHER ORDERED that within the amended petition, petitioner Michael R. Theisen shall set forth, in detail, his efforts at exhausting his state administrative remedies with respect to his claims. IT IS FURTHER ORDERED that if petitioner fails to comply with this Order, the Court will dismiss this action without prejudice. (Amended/Supplemental Pleadings due by 7/27/2022.) Signed by District Judge Matthew T. Schelp on 7/6/2022. (Attachments: #1 Attachment Habeas Corpus Petition 2254)(TMT)
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ORDER RECEIPT: (see receipt) Docket No: 5. Wed Jul 6 12:57:42 CDT 2022 (Tillman, Tiffani)
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| Receipt 4644100657 in the amount of $5.00 for WRIT OF HABEAS CORPUS on behalf of Matthew and Michael Theisen (CCAM) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Petitioners Matthew E. Theisen, Michael R. Theisen. (JDC) |
| Filing 3 FINANCIAL AFFIDAVIT - CJA 23 by Petitioner Michael R. Theisen. (JDC) |
| Filing 2 FINANCIAL AFFIDAVIT - CJA 23 by Petitioner Matthew E. Theisen. (JDC) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.) by Petitioners Matthew E. Theisen, Michael R. Theisen. (Attachments: #1 Correspondence - cover Letter, #2 Civil Cover Sheet, #3 Envelope)(JDC) |
| Case Opening Notification. Judge Assigned: Honorable Matthew T. Schelp. (JDC) |
| ***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. (JDC) |
| ***Complaint Letter Processed (see notice of electronic filing for distribution list) Fri Jun 17 13:01:21 CDT 2022 (admin,) |
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