Brzowski v. Melvin, 16 C 9961. (2016)
Court: District Court, N.D. Illinois
Number: infdco20161230b42
Visitors: 17
Filed: Dec. 28, 2016
Latest Update: Dec. 28, 2016
Summary: MEMORANDUM ORDER MILTON I. SHADUR , Senior District Judge . This pro se action by Walter Brzowski ("Brzowski"), in which he has sought to invoke 28 U.S.C. 2254 ("Section 2254") by filing a self-prepared Petition for a Writ of Habeas Corpus ("Petition"), has inexplicably suffered the consequence of a breakdown in this District Court's computerized record-keeping system. When Brzowski had apparently failed to respond to the motion to dismiss the Petition filed by counsel for respondent War
Summary: MEMORANDUM ORDER MILTON I. SHADUR , Senior District Judge . This pro se action by Walter Brzowski ("Brzowski"), in which he has sought to invoke 28 U.S.C. 2254 ("Section 2254") by filing a self-prepared Petition for a Writ of Habeas Corpus ("Petition"), has inexplicably suffered the consequence of a breakdown in this District Court's computerized record-keeping system. When Brzowski had apparently failed to respond to the motion to dismiss the Petition filed by counsel for respondent Ward..
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MEMORANDUM ORDER
MILTON I. SHADUR, Senior District Judge.
This pro se action by Walter Brzowski ("Brzowski"), in which he has sought to invoke 28 U.S.C. § 2254 ("Section 2254") by filing a self-prepared Petition for a Writ of Habeas Corpus ("Petition"), has inexplicably suffered the consequence of a breakdown in this District Court's computerized record-keeping system. When Brzowski had apparently failed to respond to the motion to dismiss the Petition filed by counsel for respondent Warden Michael Melvin by the December 16 due date that this Court had set for such a response, it ordered a printout of the case docket and received the attached two-page printout dated December 19 (Ex. 1) that reflected the absence of any response by Brzowski. Accordingly this Court issued a December 23 memorandum order that granted defense counsel's motion to dismiss based on Brzowski's asserted failure to exhaust this still-pending state court attacks before turning to the federal courts with a Section 2254 Petition.
To this Court's surprise, its regular review of ECF filings over the ensuing weekend disclosed that on December 12 Brzowski had in fact filed several self-prepared documents respectively captioned "Petitioner's Cogent Response Against Defendant's `Motion'" (Dkt. No. 11), "Plaintiff's Calculation Time-Serving New Breakdown Sheet" (Dkt. No. 12), "Addendum To Support Petition for `I Bond' Release" (Dkt. No. 13) and "Affidavit to Further Support Petitioner's Need for an Expedited Habeas Corpus Discharge" (Dkt. No. 14). As the also-attached December 27 docket printout (Ex. 2) reflects, this Court's December 23 memorandum order therefore became Dkt. No. 15.
Under the circumstances this Court vacates its December 23 memorandum order dismissing Brzowski's Petition and this action pending further input from defense counsel. This Court orders defense counsel to file a response to Brzowski's most recent filings (Dkt. Nos. 11 through 14) on or before January 20, 2017, after which this Court can determine the appropriate course of action to follow.
United States District Court
Northern District of Illinois — CM/ECF LIVE, Ver 6.1.1 (Chicago)
CIVIL DOCKET FOR CASE #: 1:16-cv-09961
Internal Use Only
Brzowski v. Illinois Department of Corrections et al Date Filed: 10/20/2016
Assigned to: Honorable Milton I. Shadur Jury Demand: None
Case in other court: Illinois Central, 1:16-cv-01405 Nature of Suit: 530 Prisoner: Habeas
Cause: 28:2254 Petition for Writ of Habeas Corpus (State) Corpus
Jurisdiction: Federal Question
Date Filed # Docket Text
12/07/2016 10 MINUTE entry before the Honorable Milton 1. Shadur:Motion hearing held
on 12/7/2016. Petitioner Brzowki's response to the motion to dismiss 8 is
due by 12/16/2016. Status hearing set for 12/16/2016 is reset to
12/22/2016 at 08:45 AM. Respondent's counsel is to make arrangements
to have petitioner available by phone.Mailed notice (clw,) (Entered:
12/07/2016)
12/01/2016 9 NOTICE of Motion by Brian McLeish for presentment of motion to dismiss
8 before Honorable Milton I. Shadur on 12/7/2016 at 09:15 AM. (McLeish,
Brian) (Entered: 12/01/2016)
12/01/2016 I 8 MOTION by Respondent Michael Melvin to dismiss habeas petition
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, #1 Exhibit D)
(McLeish, Brian) (Entered: 12/01/2016)
11/30/2016 7 ATTORNEY Appearance for Respondent Michael Melvin by Brian McLeish
(McLeish, Brian) (Entered: 11/30/2016)
11/04/2016 6 MEMORANDUM Order: The Illinois Attorney General's Office is ordered to
file an answer to the Petition on or before December 9, 2016 (see Section
2254 Rule 5). Status hearing set for 12/16/2016 at 09:00 AM. Signed by
the Honorable Milton I. Shadur on 11/4/2016:Mailed notice(clw,)
(Entered: 11/04/2016)
11/03/2016 5 ORDER Signed by the Honorable James E. Shadid on 10/20/2016.(mr,)
(Entered: 11/03/2016)
10/24/2016 4 MAILED Rule 83.15 Letter to all parties of record. (mr,) (Entered:
10/24/2016)
10/24/2016 I 3 RECEIVED from Illinois Central; Case Number 1:16-cv-01405. (mr)
(Entered: 10/24/2016)
10/20/2016 Case transferred to the NDIL. This case is terminated. (RK, ilcd)
[Transferred from Illinois Central on 10/24/2016.1 (Entered: 10/20/2016)
10/20/2016 I (Court only) * * * Set Transfer Flag (RK, ilcd) [Transferred from Illinois
Central on 10/24/2016,] (Entered: 10/20/2016)
10/19/2016 2 AFFIDAVIT to Further Support Plaintiff's Need for Habeas Corpus
Expedited Discharge re 1 PETITION for Writ of Habeas Corpus by Walter J
Brzowski. (RK, ilcd) [Transferred from Illinois Central on 10/24/2016.]
(Entered: 10/19/2016)
10/19/2016 1 PETITION for Writ of Habeas Corpus Pursuant to 28 USC Section 2254,
filed by Walter J Brzowski. (Attachments: # 1 Exhibit A, # 2 Notice of
Filing)(RK, ilcd) [Transferred from Illinois Central on 10/24/2016.]
(Entered: 10/19/2016)
United States District Court
Northern District of Illinois — CM/ECF LIVE, Ver 6.1.1 (Chicago)
CIVIL DOCKET FOR CASE #: 1:16-cv-09961
Internal Use Only
Brzowski v. Illinois Department of Corrections et al Date Filed: 10/20/2016
Assigned to: Honorable Milton Shadur Date Terminated: 12/23/2016
Case in other court: Illinois Central, 1:16-ev-01405 Jury Demand: None
Cause: 28:2254 Petition for Writ of Habeas Corpus (State) Nature of Suit: 530 Prisoner: Habeas
Corpus
Jurisdiction: Federal Question
Petitioner
Walter J Brzowski represented by Walter J Brzowski
M-29120
Pontiac-PON
PO Box 99
Pontiac, IL 61764
PRO SE
V.
Respondent
Illinois Department of Corrections
Respondent
Michael Melvin represented by Brian McLeish
Warden Illinois Office of the Attorney General
100 W. Randolph St.
Chicago, IL 60601
(312) 814-3692
Email: bmcleish@atg.state.il.us
Service List represented by Chief of Criminal Appeals
Attorney General's Office
100 West Randolph — 12 Floor
Chicago, IL 60601
Email: NDILECF@atg.state.il.us
Prisoner Correspondence 10 — Internal
Use Only
Date Filed # Docket Text
10/19/2016 I 1 PETITION for Writ of Habeas Corpus Pursuant to 28 USC Section 2254, filed
by Walter J Brzowski. (Attachments: # 1 Exhibit A, # 2 Notice of Filing)(RK,
ilcd) [Transferred from Illinois Central on 10/24/2016.] (Entered: 10/19/2016)
10/19/2016 2 AFFIDAVIT to Further Support Plaintiffs Need for Habeas Corpus Expedited
Discharge re 1 PETITION for Writ of Habeas Corpus by Walter J Brzowski.
(RK, ilcd) [Transferred from Illinois Central on 10/24/2016.] (Entered:
10/19/2016)
10/20/2016 (Court only) * * * Set Transfer Flag (RK, ilcd) [Transferred from Illinois Central
on 10/24/2016.] (Entered: 10/20/2016)
10/20/2016 Case transferred to the NDIL. This case is terminated, (RK, ilcd) [Transferred
from Illinois Central on 10/24/2016.] (Entered: 10/20/2016)
10/24/2016 3 RECEIVED from Illinois Central; Case Number 1:16-ev-01405. (mr) (Entered:
10/24/2016)
10/24/2016 4 MAILED Rule 83.15 Letter to all parties of record. (mr,) (Entered: 10/24/2016)
11/03/2016 5 ORDER Signed by the Honorable James E. Shadid on 10/20/2016.(mr,)
(Entered: 11/03/2016)
11/04/2016 6 MEMORANDUM Order: The Illinois Attorney General's Office is ordered to
file an answer to the Petition on or before December 9, 2016 (see Section 2254
Rule 5). Status hearing set for 12/16/2016 at 09:00 AM. Signed by the
Honorable Milton I, Shadur on 11/4/2016:Mailed notice(clw,) (Entered:
11/04/2016)
11/30/2016 7 ATTORNEY Appearance for Respondent Michael Melvin by Brian McLeish
(McLeish, Brian) (Entered: 11/30/2016)
12/01/2016 8 MOTION by Respondent Michael Melvin to dismiss habeas petition
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D)(McLeish, Brian) (Entered: 12/01/2016)
12/01/2016 9 NOTICE of Motion by Brian McLeish for presentment of motion to dismiss 8
before Honorable Milton I. Shadur on 12/7/2016 at 09:15 AM. (McLeish,
Brian) (Entered: 12/01/2016)
12/07/2016 10 MINUTE entry before the Honorable Milton I. Shadur:Motion hearing held on
1217/2016. Petitioner Brzowki's response to the motion to dismiss 8 is due by
12/16/2016. Status hearing set for 12/16/2016 is reset to 12/22/2016 at 08:45
AM. Respondent's counsel is to make arrangements to have petitioner available
by phone.Mailed notice (elw,) (Entered: 12/07/2016)
12/12/2016 11 COGENT RESPONSE Against Defendant's "Motion" by Petitioner Walter J
Brzowski (Attachments: # I Notice of Motion); Notice. (Exhibits) (ph,)
(Entered: 12/23/2016)
12/12/2016 12 PLAINTIFF'S Calculation time-serving new breakdown sheet by Walter J
Brzowski. (Exhibits) (ph,) (Entered: 12/23/2016)
12/12/2016 13 ADDENDUM to support Petition for "I-Bond" Release by Walter J Brzowski.
(Exhibits) (ph,) (Entered: 12/23/2016)
12/12/2016 14 AFFIDAVIT to further support Petitioner's need for expedited habeas corpus
discharge (Attachments: # 1 Notice of Motion); Notice. (Exhibits) (ph,)
(Entered: 12/23/2016)
12/23/2016 15 MEMORANDUM Order Signed by the Honorable Milton I. Shadur on
December 23, 2016. Mailed notice (ph,) (Entered: 12/23/2016)
12/23/2016 ***Civil Case Terminated. (ph,) (Entered: 12/27/2016)
Source: Leagle
