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Sturdevant v. Walton

United States District Court, S.D. Illinois

March 6, 2014

NORBERT STURDEVANT, No. 09437-089, Petitioner,
v.
J. S. WALTON, [1] Respondent.

MEMORANDUM AND ORDER

DAVID R. HERNDON, Chief District Judge.

Petitioner Norbert Sturdevant is a federal inmate currently incarcerated in the United States Penitentiary in Marion, Illinois. He has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. ยง 2241, seeking to vacate his 2008 conviction for assaulting a federal officer while on the Menominee Indian Reservation, and the resulting 96-month sentence. See United States v. Sturdevant, No. 08-cr-00129-WCG (E.D. Wisc. Sept. 5, 2008).

This case is now before the Court for a preliminary review of the petition pursuant to Rule 4 of the Rules Governing Section 2254 Cases in United States District Courts. Rule 4 provides that upon preliminary consideration by the district court judge, "[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner." Rule 1(b) of those Rules gives this Court the authority to apply the rules to other habeas corpus cases.

A review of the federal PACER database reveals that Sturdevant has filed multiple petitions attempting to upset his conviction and sentence. By Order dated June 20, 2013, the Court of Appeals for the Seventh Circuit sanctioned Sturdevant $500, and directed that until that sum was paid he was banned from filing further civil suits in the courts of the circuit-of which this district court is one. The appellate court further directed that any papers submitted by Sturdevant attacking his current criminal conviction should be returned unfiled. Sturdevant v. United States of America, No. 13-2269 (7th Cir. June 20, 2013).

IT IS THEREFORE ORDERED that the Clerk of Court shall STRIKE from the record the Section 2241 petition filed by Norbert Sturdevant (Doc. 1), along with all other documents filed by Sturdevant in this action (Docs. 2, 3). The Clerk shall also STRIKE the Court's order granting pauper status (Doc. 6). This action was improvidently opened and shall now be administratively CLOSED.

The Clerk is DIRECTED to add Norbert Sturdevant to the district court's list of restricted filers.

IT IS SO ORDERED. Digitally signed by


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