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Sanchez v. Roeckeman

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
Feb 9, 2015
Case No. 14 C 6076 (N.D. Ill. Feb. 9, 2015)

Opinion

Case No. 14 C 6076

02-09-2015

Juan Sanchez, Petitioner, v. Warden Roeckeman, Respondent.


MEMORANDUM OPINION AND ORDER

THIS MATTER comes before the Court upon Petitioner's Petition for Writ of Habeas Corpus [1] and the Status Report [12] filed herein by Respondent, and the Court being otherwise fully advised.

Petitioner Juan Sanchez (a/k/a Juan Sanchez-Alvarado), an Illinois state prisoner, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his convictions for predatory criminal sexual assault of a child on the grounds that: (1) he was denied effective assistance of counsel, (2) he was denied compulsory process and (3) he has new evidence, in the form of information from the Centers for Disease Control and Prevention ("CDC"), which allegedly proves his innocence. At this point in the proceedings, Petitioner has paid the filing fee [7], but he concedes that he has not yet exhausted state court remedies with respect to all of the claims raised in his Petition for Writ of Habeas Corpus. Specifically, Petitioner indicates that he has a pending post-conviction petition contending that the information from the CDC proves his innocence. This issue has not been presented to the Illinois Supreme Court. [1] at 3, 6.

Under well-established law, an inmate who challenges a state conviction under 28 U.S.C. § 2254 must first exhaust his state court remedies as to all his claims. Rhines v. Weber, 544 U.S. 269, 273-74 (2005); Rose v. Lundy, 455 U.S. 509 (1982). Under the exhaustion rule, the Court has certain discretion to dismiss or stay a "mixed petition" containing exhausted and unexhausted claims. Rhines, 544 U.S. at 277-78.

Accordingly, it is hereby ORDERED as follows:

Petitioner is directed to inform the Court within 21 days whether he wishes to (1) drop his unexhausted claim and proceed with his exhausted claims only, (2) have this case dismissed without prejudice or (3) have this case stayed pending the exhaustion of his unexhausted claim.

If Petitioner decides to drop his unexhausted claim, he must submit an amended Petition for Writ of Habeas Corpus on the Court's form omitting the unexhausted claim within 21 days. If Petitioner submits an amended Petition for Writ of Habeas Corpus dropping the unexhausted claim, the Court will order Respondent to answer or otherwise plead. Petitioner is forewarned that if he should decide to forgo any unexhausted claim at this juncture, rules against second or successive habeas petitions may preclude him from raising those claims at a later date. See 28 U.S.C. § 2244(b)(3)(A).

If Petitioner's case is dismissed, Petitioner is forewarned that he may be later precluded from bringing a second Petition for Writ of Habeas Corpus based on the applicable statute of limitations. See 28 U.S.C. 2244(d)(1).

If Petitioner seeks to have this case stayed, he must file with the Court within 21 days a document establishing: (1) good cause for Petitioner's failure to have previously exhausted his unexhausted claim; and (2) the basis to find that such unexhausted claim is potentially meritorious and that Petitioner is not engaging in intentionally dilatory litigation tactics. The Court then will consider whether a stay is appropriate and how long such a stay (if any) should last. The Clerk is directed to provide Petitioner with an amended Petition for Writ of Habeas Corpus and instructions.

Petitioner's motion for attorney representation [4] is denied without prejudice at this time as premature. Counsel must be sought in a habeas corpus proceeding only if an evidentiary hearing is needed or if interests of justice so require. See Rule 8(c), Rules Governing Section 2254 Cases. Dated: February 9, 2015

Entered:

/s/_________

John Robert Blakey

United States District Court Judge


Summaries of

Sanchez v. Roeckeman

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
Feb 9, 2015
Case No. 14 C 6076 (N.D. Ill. Feb. 9, 2015)
Case details for

Sanchez v. Roeckeman

Case Details

Full title:Juan Sanchez, Petitioner, v. Warden Roeckeman, Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Date published: Feb 9, 2015

Citations

Case No. 14 C 6076 (N.D. Ill. Feb. 9, 2015)