Green v. Uchtman

Full title: LAWRENCE P. GREEN, Petitioner, v. ALAN UCHTMAN, Respondents

Court: United States District Court, C.D. Illinois, Springfield Division

Date published: Dec 20, 2005

No. 05-3304 (C.D. Ill. Dec. 20, 2005)

Opinion

No. 05-3304.

December 20, 2005

OPINION

JEANNE SCOTT, District Judge

This cause is before the Court on Petitioner's Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (d/e 1) (Petition). This is the initial consideration of Petitioner's Petition under Rule 4 of the Rules Governing § 2254 Cases. After a review of the Petition, this Court finds that a summary dismissal is not warranted.

THEREFORE, the Attorney General for the State of Illinois is ordered to file an answer to Petitioner's Petition, pursuant to Rule 5 of the Rules Governing 28 U.S.C. § 2254 Cases, on or before February 21, 2006. The answer shall discuss the merits and the procedural posture of the Petition, i.e. whether Petitioner has exhausted his state remedies and/or procedurally defaulted any of his claims. See Rule 5 of the Rules Governing § 2254 Cases.

IT IS THEREFORE SO ORDERED.