Cain v. Sherrod

Filing 20

ORDER denying 17 Motion to Impanel Special Grand Jury. Signed by Magistrate Judge Clifford J. Proud on 8/6/09. (amv)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS HANSEL E. CAIN, Petitioner, V. W.A. SHERROD, Respondent. ) ) ) ) ) ) ) ) ) ORDER PROUD, Magistrate Judge: Before the Court is petitioner's "Motion to Impanel Special Grand Jury Under 18 U.S.C. § 3333." (Doc. 17). Petitioner desires to present evidence to a grand jury regarding alleged criminal activity by Bureau of Prisons personnel and others aimed at disrupting the orderly running of his sentence. Although the Court has authority under 18 U.S.C. § 3333 to summon a special grand jury, petitioner has presented only a bald accusation of criminal activity. Petitioner has not even specified that the vaguely alleged criminal activity occurred within the Southern District of Illinois. IT IS THEREFORE ORDERED that the subject motion (Doc. 17) is DENIED, as it is facially insufficient to invoke the Court's jurisdiction. IT IS SO ORDERED. DATED: August 6, 2009 s/ Clifford J. Proud CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE

Civil No. 08-678-JPG