Woods v. United States of America et al

Filing 8

WRITTEN Opinion entered by the Honorable Amy J. St. Eve on 1/3/2013:Petitioner-Defendants motion for leave to proceed in forma pauperis # 7 is granted. The Court authorizes and orders the trust fund officer at Petitioner's place of incarcerat ion to deduct $58.00 from Petitioner's account for payment to the Clerk of Court as an initial partial filing fee, and to continue making monthly deductions in accordance with this order. The Clerk is directed to send a copy of this order to the trust fund officer at the Mendota Federal Correctional Institution. The Government is directed to respond to the petition for a writ of mandamus by February 4, 2013. Any reply from Petitioner is due by February 25, 2013. The Court will rule on the mandamus petition by mail. Petitioner is once again reminded that he is required to provide the Court with the original plus a judge's copy of every document filed. [For further details see written opinion.] Mailed notice (tg, )

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

AMY J. ST. EVE

CASE NUMBER

12 C 9274

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

1/3/2013

Donald M. Woods (#18900-424) vs. United States of America

DOCKET ENTRY TEXT:

Petitioner-Defendant’s motion for leave to proceed in forma pauperis [#7] is granted. The Court authorizes and
orders the trust fund officer at Petitioner’s place of incarceration to deduct $58.00 from Petitioner’s account for
payment to the Clerk of Court as an initial partial filing fee, and to continue making monthly deductions in
accordance with this order. The Clerk is directed to send a copy of this order to the trust fund officer at the
Mendota Federal Correctional Institution. The Government is directed to respond to the petition for a writ of
mandamus by February 4, 2013. Any reply from Petitioner is due by February 25, 2013. The Court will rule on
the mandamus petition by mail. Petitioner is once again reminded that he is required to provide the Court
with the original plus a judge’s copy of every document filed.
O [For further details see text below.]

Docketing to mail notices.

STATEMENT
Petitioner-Defendant, a federal prisoner, has brought this pro se mandamus action purportedly pursuant
to 28 U.S.C. § 1361. Petitioner seeks an order vacating a warrant of attachment previously obtained by the U.S.
Government in connection with one of Petitioner’s criminal cases. See United States v. Noel, et al., Case No.
06 CR 0561-2 (N.D. Ill.); United States v. Woods, Case No. 06 CR 0566 (N.D. Ill.).
Petitioner’s motion for leave to proceed in forma pauperis is granted. Pursuant to 28 U.S.C. § 1915(b)(1),
Petitioner is assessed an initial partial filing fee of $58.00. The trust fund officer at Petitioner’s place of
incarceration is authorized and ordered to collect the partial filing fee from Petitioner’s trust fund account and
pay it directly to the Clerk of Court. After payment of the initial partial filing fee, Petitioner’s trust fund officer
is directed to collect monthly payments from Petitioner’s trust fund account in an amount equal to 20% of the
preceding month’s income credited to the account. Monthly payments shall be forwarded to the Clerk of Court
each time the amount in the account exceeds $10 until the full $350 filing fee is paid. All payments shall be sent
to the Clerk, United States District Court, 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier’s Desk, 20th
Floor, and shall clearly identify Petitioner’s name and this case number. This payment obligation will follow
Petitioner wherever he may be transferred.
(CONTINUED)
mjm

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STATEMENT (continued)
Petitioner seems to contend that his delivery of an attachment bond has obviated the need for a writ of
execution that the Government purportedly obtained in April 2008. See Petition, p. 2, ¶ 5. The Government is
directed to respond to the petition for a writ of mandamus by February 4, 2013. Any reply from Petitioner is due
by February 25, 2013. The Court will rule on the petition by mail.
Petitioner is instructed to file all future papers concerning this action with the Clerk of Court in care of the
Prisoner Correspondent. Petitioner is once again reminded that he must provide the Court with the original
plus a complete judge’s copy, including any exhibits, of every document filed. In addition, Petitioner must send
an exact copy of any court filing to the Government. Every document filed with the Court must include a
certificate of service stating to whom exact copies were mailed and the date of mailing. Any paper that is sent
directly to the judge or that otherwise fails to comply with these instructions may be disregarded by the Court or
returned to Petitioner.

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