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U.S. v. Sims — Taylorville C.C

United States District Court, N.D. Illinois, Eastern Division
Nov 16, 2006
No. 06 C 5780 (N.D. Ill. Nov. 16, 2006)

Opinion

No. 06 C 5780.

November 16, 2006


MEMORANDUM ORDER


Michael Franklin ("Franklin") has contemporaneously filed both a "Motion for Re-Consideration of Order Dismissing Habeas Corpus Petition" ("Motion") and a Notice of Appeal ("Notice") of that dismissal. Although he refers to the Motion as a filing pursuant to Fed.R.Civ.P. ("Rule") 60(b), his prompt filing causes the Motion to be treated as having been filed under Rule 59(e) instead. And because that renders the Notice premature, this Court hastens to address the Motion.

Nothing that Franklin has set forth in the Motion alters the analysis set out in this Court's October 31 memorandum opinion and order ("Opinion") dismissing Franklin's Petition. Indeed, the careful consideration that was given by the Illinois Appellate Court majority to the Batson issue raised by Franklin should be contrasted with the Wisconsin courts' handling of a Batson challenge that — by sheer coincidence — our Court of Appeals has addressed just a week ago in Lamon v. Boatwright, No. 05-4018, 2006 WL 3209916 (7th Cir. Nov. 8). Lamon upheld the rejection of a Batson challenge in a habeas case under circumstances that really call for the same result here a fortiori.

As the Opinion made plain, the issue under AEDPA is not whether this Court would itself tend to agree with that majority opinion or, instead, with the dissent on that appeal.

Accordingly Franklin's Motion is denied. That leaves him free to pursue his appeal from this Court's dismissal, although it should be emphasized that no view is expressed here as to the procedural requirements that Franklin must satisfy in that respect.


Summaries of

U.S. v. Sims — Taylorville C.C

United States District Court, N.D. Illinois, Eastern Division
Nov 16, 2006
No. 06 C 5780 (N.D. Ill. Nov. 16, 2006)
Case details for

U.S. v. Sims — Taylorville C.C

Case Details

Full title:UNITED STATES OF AMERICA ex rel. MICHAEL FRANKLIN #N-52396, Petitioner, v…

Court:United States District Court, N.D. Illinois, Eastern Division

Date published: Nov 16, 2006

Citations

No. 06 C 5780 (N.D. Ill. Nov. 16, 2006)