Izquierdo v. Warden, No. 2:2021cv00103 - Document 6 (N.D. Ind. 2021)
Court Description: OPINION AND ORDER DENYING 5 MOTION to Compel the IRS to Send Me the Cares Act Stimulus Check filed by Randall Izquierdo. Signed by Judge Theresa L Springmann on 4/29/2021. (Copy mailed to pro se party)(mrm)
Download PDF
<![CDATA[
Izquierdo v. Warden Doc. 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION RANDALL IZQUIERDO, Petitioner, v. CAUSE NO. 2:21-CV-103-TLS-JPK WARDEN, Putnamville Correctional Facility, Respondent. OPINION AND ORDER Randall Izquierdo, a prisoner without a lawyer, filed a motion to compel the Internal Revenue Service to send him a stimulus check [ECF No. 5]. Significantly, Izquierdo initiated this case by filing a habeas petition pursuant to 28 U.S.C. § 2254 for the purpose of challenging his conviction for forgery in the Porter Superior Court. See ECF No. 1. The Court cannot grant this request because it raises materially different concerns than those raised in the petition. See Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir.1997) (“A district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.”); Washington v. Smith, 564 F.3d 1350, 1351 (7th Cir. 2009) (“[A] habeas corpus petition must attack the fact or duration of one’s sentence; if it does not, it does not state a proper basis for relief under § 2254.”). For these reasons, the Court DENIES the Motion to Compel [ECF No. 5]. SO ORDERED on April 29, 2021. s/ Theresa L. Springmann JUDGE THERESA L. SPRINGMANN UNITED STATES DISTRICT COURT Dockets.Justia.com
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
