Lim v. Head Department of Human Services, Illinois et al

Filing 5

WRITTEN Opinion entered by the Honorable Matthew F. Kennelly on 7/15/2013: The petitioner is granted until August 15, 2013 to: (1) either pay the $5.00 filing fee or file a properly completed petition for leave to proceed in forma pauperis an d (2) submit an amended habeas corpus petition (plus a judge's copy and service copy). The Clerk is directed to send the petitioner an in forma pauperis application, an amended habeas form, and instructions. If the petitioner fails to comply by the due date, the Court will summarily dismiss this action. [ For further details see written opinion.] Mailed notice(ph, )

Order Form (01/2005)

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

Matthew F. Kennelly

CASE NUMBER

13 C 2908

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

July 15, 2013

U.S. ex rel. Khor Chin Lim (#908579) vs. Head Department of Human Services,
Illinois, et al.

DOCKET ENTRY TEXT

The petitioner is granted until August 15, 2013 to: (1) either pay the $5.00 filing fee or file a properly completed
petition for leave to proceed in forma pauperis and (2) submit an amended habeas corpus petition (plus a judge’s
copy and service copy). The Clerk is directed to send the petitioner an in forma pauperis application, an
amended habeas form, and instructions. If the petitioner fails to comply by the due date, the Court will
summarily dismiss this action.
O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
Khor Chin Lim, presently a patient at the Elgin State Mental Hospital, has filed what appears to be a pro
se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petitioner appears to challenge his
involuntary commitment, following his arrest by City of Chicago Police Officers on September 15, 2012.
Although the Clerk has accepted the pro se petition for docketing pursuant to Rule 5(d)(4) of the Federal
Rules of Civil Procedure, the petitioner has neither paid the $5.00 filing fee nor filed a properly completed
petition for leave to proceed in forma pauperis that contains any financial information. If the petitioner wishes
to proceed with this action, he must either pay the $5.00 filing fee or, in the alternative, file an in forma pauperis
application complete with a certificate from a prison official stating the amount on deposit in the prisoner’s trust
account. The Clerk is directed to send the petitioner an in forma pauperis application. If the petitioner does not
pay the filing fee or file a fully completed application to proceed without prepayment of costs and fees within
thirty days, the Court will dismiss this action.
The petitioner must also submit an amended habeas petition, as the petition on file is unacceptable. His
present petition appears to be incomplete, and does not include a request for relief. In drafting his amended
habeas petition, the petitioner should set forth, in plain English, the basic facts underlying his claims. The
petitioner should simply fill out the information requested on the form, telling the court, where asked, why he
believes his institutionalization is invalid, and what court orders resulted in his involuntary commitment. The
petitioner need not provide a lengthy narrative, merely a short, plain statement of the reasons he is challenging
his conviction. The petitioner should use only the space provided and write as neatly as possible so the court can
easily read what he has written. The petitioner must provide the Court with the original, a judge’s copy, and a
service copy of the amended habeas petition. The Clerk will provide the petitioner with the necessary forms.
In sum, the petitioner must, by no later than August 15, 2013: (1) either pay the $5.00 filing fee or file
a petition for leave to proceed in forma pauperis and (2) submit an amended habeas petition (plus a judge’s copy
and service copy). The Clerk will provide the petitioner with an in forma pauperis application, an amended
habeas form, and instructions. If the petitioner fails to comply with this order by the due date, the Court will
summarily dismiss this action.

13C2908 U.S. ex rel. Khor Chin Lim vs. Head Department of Human Services, Illinois, et al.

Page 1 of 1

Order Form (01/2005)

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

Matthew F. Kennelly

CASE NUMBER

13 C 2908

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

July 15, 2013

U.S. ex rel. Khor Chin Lim (#908579) vs. Head Department of Human Services,
Illinois, et al.

DOCKET ENTRY TEXT

The petitioner is granted until August 15, 2013 to: (1) either pay the $5.00 filing fee or file a properly completed
petition for leave to proceed in forma pauperis and (2) submit an amended habeas corpus petition (plus a judge’s
copy and service copy). The Clerk is directed to send the petitioner an in forma pauperis application, an
amended habeas form, and instructions. If the petitioner fails to comply by the due date, the Court will
summarily dismiss this action.
O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
Khor Chin Lim, presently a patient at the Elgin State Mental Hospital, has filed what appears to be a pro
se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petitioner appears to challenge his
involuntary commitment, following his arrest by City of Chicago Police Officers on September 15, 2012.
Although the Clerk has accepted the pro se petition for docketing pursuant to Rule 5(d)(4) of the Federal
Rules of Civil Procedure, the petitioner has neither paid the $5.00 filing fee nor filed a properly completed
petition for leave to proceed in forma pauperis that contains any financial information. If the petitioner wishes
to proceed with this action, he must either pay the $5.00 filing fee or, in the alternative, file an in forma pauperis
application complete with a certificate from a prison official stating the amount on deposit in the prisoner’s trust
account. The Clerk is directed to send the petitioner an in forma pauperis application. If the petitioner does not
pay the filing fee or file a fully completed application to proceed without prepayment of costs and fees within
thirty days, the Court will dismiss this action.
The petitioner must also submit an amended habeas petition, as the petition on file is unacceptable. His
present petition appears to be incomplete, and does not include a request for relief. In drafting his amended
habeas petition, the petitioner should set forth, in plain English, the basic facts underlying his claims. The
petitioner should simply fill out the information requested on the form, telling the court, where asked, why he
believes his institutionalization is invalid, and what court orders resulted in his involuntary commitment. The
petitioner need not provide a lengthy narrative, merely a short, plain statement of the reasons he is challenging
his conviction. The petitioner should use only the space provided and write as neatly as possible so the court can
easily read what he has written. The petitioner must provide the Court with the original, a judge’s copy, and a
service copy of the amended habeas petition. The Clerk will provide the petitioner with the necessary forms.
In sum, the petitioner must, by no later than August 15, 2013: (1) either pay the $5.00 filing fee or file
a petition for leave to proceed in forma pauperis and (2) submit an amended habeas petition (plus a judge’s copy
and service copy). The Clerk will provide the petitioner with an in forma pauperis application, an amended
habeas form, and instructions. If the petitioner fails to comply with this order by the due date, the Court will
summarily dismiss this action.

13C2908 U.S. ex rel. Khor Chin Lim vs. Head Department of Human Services, Illinois, et al.

Page 1 of 1