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District Court, S.D. Illinois

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Walton v. Director of the Illinois Department of Corrections, 3:16-cv-451-NJR-DGW. (2017)
District Court, S.D. Illinois Filed:IL Dec. 18, 2017 Citations: 3:16-cv-451-NJR-DGW.

REPORT AND RECOMMENDATION DONALD G. WILKERSON , Magistrate Judge . This matter has been referred to United States Magistrate Judge Donald G. Wilkerson by United States District Judge Nancy J. Rosenstengel pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72(b), and SDIL-LR 72.1(a), for a Report and Recommendation on Defendants' Motion for Sanctions (Doc. 60), Motion to Stay Discovery (Doc. 61) and Motion to Compel Discovery (Doc. 62). For the reasons set forth below,...

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USA v. Boughers, 17-CR-30197-DRH. (2017)
District Court, S.D. Illinois Filed:IL Dec. 21, 2017 Citations: 17-CR-30197-DRH.

EX PARTE ORDER DONALD G. WILKERSON , Magistrate Judge . On motion of the United States of America, the Court, after having reviewed the facts and matters surrounding the motion of the United States to revoke bond, finds that the Defendant was, at the time of this incident, on release under federal law; that he was released on bond, with conditions; and that the United States has alleged that he has violated the conditions of release imposed by this Court. Therefore, the Court hereby...

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Benson v. True, 3:17-cv-00736-DRH-CJP. (2017)
District Court, S.D. Illinois Filed:IL Dec. 29, 2017 Citations: 3:17-cv-00736-DRH-CJP.

MEMORANDUM and ORDER DAVID R. HERNDON , District Judge . Petitioner Aaron Benson filed a petition for writ of habeas corpus under 28 U.S.C. 2241 (Doc. 1) challenging his designation as a career offender under U.S.S.G. 4B1.1. He purports to rely on Mathis v. United States, 136 S.Ct. 2243 (2016). Now before the Court is Respondent's Motion to Dismiss, Doc. 10. Petitioner responded to the motion at Doc. 14. Respondent argues the petition must be dismissed because petitioner waived...

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Morrow v. Transunion LLC, 3:17-cv-01327-JPG-RJD. (2017)
District Court, S.D. Illinois Filed:IL Dec. 28, 2017 Citations: 3:17-cv-01327-JPG-RJD.

MEMORANDUM & ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the parties' stipulation of dismissal (Doc. 10) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). That rule allows dismissal of an action without a court order if the notice of dismissal is signed by all parties who have appeared in the case. Here, the parties have met the requirements of the rule. Accordingly, the Court FINDS that this case is DISMISSED with prejudice . The Court...

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Lovell v. True, 17-cv-541-DRH-CJP. (2017)
District Court, S.D. Illinois Filed:IL Dec. 28, 2017 Citations: 17-cv-541-DRH-CJP.

MEMORANDUM and ORDER DAVID R. HERNDON , District Judge . Petitioner Michael Lovell filed a petition for writ of habeas corpus under 28 U.S.C. 2241 (Doc. 1) challenging the enhancement of his sentence as a career offender under U.S.S.G. 4B1.1. He purports to rely on Mathis v. United States, 136 S.Ct. 2243 (2016). Now before the Court is Respondent's Motion to Dismiss, Doc. 12. Petitioner responded to the motion at Doc. 14. Respondent argues that the petition must be dismissed...

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Thomas v. USA, 16-cv-744-JPG. (2017)
District Court, S.D. Illinois Filed:IL Dec. 27, 2017 Citations: 16-cv-744-JPG.

MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on a variety of pro se motions filed by defendant Charles Bruce Thomas (Docs. 3, 4 & 6). Thomas filed this pro se 2255 motion seeking to have his sentence vacated because it was based on the Court's finding him to be career offender under the sentencing guidelines, and the Supreme Court recently held that language in the Armed Career Criminal Act, 18 U.S.C. 924(e), similar to language in the...

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Cross v. Rogers, 15-cv-620-JPG-RJD. (2017)
District Court, S.D. Illinois Filed:IL Dec. 28, 2017 Citations: 15-cv-620-JPG-RJD.

MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 40) of Magistrate Judge Reona J. Daly recommending that the Court grant defendant Mary Rogers's motion for summary judgment on plaintiff Clard E. Cross's claim that she was deliberately indifferent to his medical need for care of a hand laceration (Doc. 34). Cross has objected to the Report (Doc. 43), and Rogers has responded to that objection (Doc....

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Chapman v. Werlich, 17-cv-899-DRH-CJP. (2017)
District Court, S.D. Illinois Filed:IL Dec. 27, 2017 Citations: 17-cv-899-DRH-CJP.

MEMORANDUM and ORDER DAVID R. HERNDON , District Judge . Petitioner Lamadrae Chapman filed a petition for writ of habeas corpus under 28 U.S.C. 2241 (Doc. 1) challenging the enhancement of his sentence as a career offender under U.S.S.G. 4B1.1. He purports to rely on Mathis v. United States, 136 S.Ct. 2243 (2016). Now before the Court is Respondent's Motion to Dismiss, Doc. 9. Petitioner responded to the motion at Doc. 13. Respondent argues that the petition must be dismissed...

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Sullivan v. USA, 17-cv-640-DRH-CJP. (2017)
District Court, S.D. Illinois Filed:IL Dec. 27, 2017 Citations: 17-cv-640-DRH-CJP.

MEMORANDUM and ORDER DAVID R. HERNDON , District Judge . Petitioner Matthew Sullivan filed a petition for writ of habeas corpus under 28 U.S.C. 2241 (Doc. 1) challenging the enhancement of his sentence as a career offender under U.S.S.G. 4B1.1. He purports to rely on Mathis v. United States, 136 S.Ct. 2243 (2016). Now before the Court is Respondent's Motion to Dismiss, Doc. 7. Petitioner responded to the motion at Doc. 10. Respondent argues that the petition must be dismissed...

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USA v. Stoker, 17-cr-30101-DRH. (2017)
District Court, S.D. Illinois Filed:IL Dec. 27, 2017 Citations: 17-cr-30101-DRH.

ORDER DAVID R. HERNDON , District Judge . Now before the Court is defendant Jason Stoker's December 21, 2017 motion to continue trial setting of January 8, 2018 (Doc. 29). Defendant states that he needs additional time. The government has no objection to the pending motion. Being fully advised in the premises and for the reasons stated in the motion, the Court finds counsel and defendant require additional time. The Court also finds that to deny a continuance of the matter would result in...

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Harrell v. Commissioner of Social Security, 17-cv-00025-JPG-CJP. (2017)
District Court, S.D. Illinois Filed:IL Dec. 27, 2017 Citations: 17-cv-00025-JPG-CJP.

MEMORANDUM & ORDER J. PHIL GILBERT , District Judge . In accordance with 42 U.S.C. 405(g), plaintiff Sharon K. Harrell, proceeding pro se, seeks judicial review of the final agency decision denying her application for Disability Insurance Benefits (DIB) pursuant to 42 U.S.C. 423. Procedural History Plaintiff filed for DIB in October 2012, alleging an onset date of April 11, 2008. (Tr. 180-83, 91-92.) The Social Security Administration denied her claim at the initial level, (Tr....

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Hutcherson v. Talbot, 17-cv-253-DRH-RJD. (2017)
District Court, S.D. Illinois Filed:IL Dec. 26, 2017 Citations: 17-cv-253-DRH-RJD.

MEMORANDUM and ORDER DAVID R. HERNDON , District Judge . Introduction & Background This matter comes before the Court on plaintiff's motion to reconsider the Order adopting the Report and Recommendation of Magistrate Judge Reona J. Daly (Doc. 66). 1 The Order at issues denied plaintiff Hutcherson's motion for preliminary injunction (Doc. 6). Plaintiff now asks the Court to reconsider its Order arguing that prison doctors are simply putting "a Band-Aid on a bullet wound." (Doc. 66)....

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Manuel v. Roeckeman, 15-CV-783-SMY-RJD. (2017)
District Court, S.D. Illinois Filed:IL Dec. 26, 2017 Citations: 15-CV-783-SMY-RJD.

MEMORANDUM AND ORDER STACI M. YANDLE , District Judge . Procedural Background Plaintiff Elijah Manuel, an inmate in the custody of the Illinois Department of Corrections ("IDOC"), filed this lawsuit pursuant to 42 U.S.C. 1983, alleging that his constitutional rights were violated while he was incarcerated at Big Muddy Correctional Center ("Big Muddy"). On June 28, 2016, Plaintiff, with the assistance of counsel, amended his Complaint and now proceeds on the following claims: Count One:...

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USA v. Jackson, 17-cr-40052-JPG. (2017)
District Court, S.D. Illinois Filed:IL Dec. 22, 2017 Citations: 17-cr-40052-JPG.

MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on two motions to suppress filed by defendant Dennis D. Jackson (Docs. 38 & 39). Jackson filed these motions pro se, although he is represented by attorney James A. Gomric. "[A] defendant who is represented by counsel relinquishes the right to file his own pro se submissions." United States v. Khatib, 606 F. App'x 845, 847 (7th Cir. 2015) (citing United States v. Williams, 495 F.3d 810 ,...

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USA v. Thorne, 12-cr-40080 JPG. (2017)
District Court, S.D. Illinois Filed:IL Dec. 22, 2017 Citations: 12-cr-40080 JPG.

MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on defendant Jason S. Thorne's pro se motion for a reduction of his criminal sentence pursuant to 18 U.S.C. 3582(c)(2) and United States Sentencing Guidelines Manual ("U.S.S.G.") 1B1.10 (Doc. 63). The Court considered a potential reduction earlier in this case when Thorne was represented by counsel who moved to withdraw on the basis that she could make no non-frivolous argument in support of a...

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Rodarte-Mendoza v. USA, 3:17-cv-498-JPG-DGW. (2017)
District Court, S.D. Illinois Filed:IL Dec. 21, 2017 Citations: 3:17-cv-498-JPG-DGW.

MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter is before the Court on the motion to dismiss (Doc. 15), the motion to reconsider (Doc. 22), and the status report (Doc. 19) filed by the defendant United States of America. Plaintiff Ramon Rodarte-Mendoza has responded to the motion to dismiss (Doc. 16) and to the motion for reconsideration (Doc. 23) and has filed a status report (Doc. 20). Rodarte-Mendoza filed a complaint on May 11, 2017, pursuant to the Federal Tort...

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Bilik v. Wexford Health Sources, Inc., 3:17-cv-142-DRH-DGW. (2017)
District Court, S.D. Illinois Filed:IL Dec. 21, 2017 Citations: 3:17-cv-142-DRH-DGW.

ORDER DONALD G. WILKERSON , Magistrate Judge . WILKERSON, Magistrate Judge: Now pending before the Court is the Motion for Joinder filed by Plaintiff, Richard Bilik, on June 7, 2017 (Doc. 26). For the reasons set forth below, the Motion is DENIED. Plaintiff is an inmate who has been incarcerated at various facilities within the Illinois Department of Corrections. He suffers from a cranial cyst, a condition that began prior to his incarceration and that has continued throughout his...

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Amawi v. Walton, 13-cv-866-JPG-RJD. (2017)
District Court, S.D. Illinois Filed:IL Dec. 21, 2017 Citations: 13-cv-866-JPG-RJD.

MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on plaintiff Mohammad Zaki Amawi's motion for the Court to reconsider (Doc. 207) its April 10, 2017, order (Doc. 206) denying his motion for an extension of time to object to Magistrate Judge Reona J. Daly's Report and Recommendation ("Report") (Doc. 203) and motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(a) (Doc. 205). In its April 10, 2017, order, the Court denied...

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USA v. Chatmon, 99-40085-DRH. (2017)
District Court, S.D. Illinois Filed:IL Dec. 20, 2017 Citations: 99-40085-DRH.

MEMORANDUM and ORDER DAVID R. HERNDON , District Judge . On February 19, 2002, the Court sentenced Chatmon to life in prison (Doc. 112). On February 27, 2002, Chatmon appealed his sentence and conviction (Doc. 117). On April 4, 2003, the Seventh Circuit Court of Appeals affirmed Chatmon's sentence and conviction and issued its Mandate on May 13, 2003 (Doc. 123). On January 16, 2013, the Court reduced Chatmon's sentence from life in prison to 360 month imprisonment (Doc. 167). Thereafter,...

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USA v. Collier, 16-cv-40026-JPG. (2017)
District Court, S.D. Illinois Filed:IL Dec. 20, 2017 Citations: 16-cv-40026-JPG.

MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on defendant Ryan E. Collier's letter (Doc. 48), which the Court construes as a motion for free copies of his docket sheet and "any other information [the Court] can send [him]." Defendants have no constitutional right to a complimentary copy of any document in their court files. See United States v. Groce, 838 F.Supp. 411 , 413, 414 (E.D. Wis. 1993). Before providing copies free of charge, a...

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