U.S. ex rel Hughes v. Dobucki

1 Citing case

  1. U.S. ex Rel. Willhite v. Walls

    241 F. Supp. 2d 882 (N.D. Ill. 2003)   Cited 12 times
    Finding that failure to receive copy of state appellate court's order denying petition for rehearing until after petitioner wrote appellate court inquiring about case status entitled petitioner to application of equitable tolling

    However, such claims cannot provide the basis for a writ of habeas corpus because the denial of access to the courts for collateral review of a conviction has nothing to do with the reasons for a prisoner's confinement. United States ex rel. Hughes v. Dobucki, No. 98 C 6238, 2002 WL 1400536, at *5 (N.D. Ill. June 26, 2002). Instead, such claims are properly brought pursuant to 28 U.S.C. ยง 1983.