Opinion
No. 04 C 1609
March 19, 2004
MEMORANDUM ORDER
Christopher Robinson ("Robinson") has filed a self-prepared 28 U.S.C. § 2254 ("Section 2254") Petition for Writ of Habeas Corpus ("Petition"), challenging the state court murder conviction on which he is currently serving a 40-year sentence. After having reviewed the Petition and related state court documents in accordance with Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts ("Section 2254 Rules"), this Court has determined that the Petition does not appear to be facially eficient. it therefore orders respondent Warden Jerry sternes to file an answer or other pleading on or before April 26, 2004 (see Section 2254 Rule 5),
In that respect the Illinois Appellate Court for the First District has been good enough to honor this Court's request for certain unpublished orders issued in connection with Robinson's post-conviction efforts in the state court system.
This threshold determination should not of course be mistaken for a ruling, or even an implication as to an ultimate ruling, as to the substantive viability of Robinson's present claims.
Although a responsive pleading has been ordered here, this Court notes that Robinson has neither paid the required filing fee nor submitted an in forma, pauperis application. Because the filing fee is so modest (only $5), it seems fair to assume that Robinson should have no difficulty with its payment. Accordingly Robinson is ordered to pay the $5 filing fee on or before April 9, 2004 (or if he cannot afford to make such payment, though that would seem unlikely, Robinson must file an in forma pauperis application by the same date). That amount must be remitted via check or voucher payable to "Clerk, United States District Court" and mailed to 219 South Dearborn Street, Chicago 60604, attention: Fiscal Department (clearly identifying Robinson's full name and Case Ho. 04 C 1609).