Morris v. Phillips, No. 3:2009cv03293 - Document 5 (C.D. Ill. 2010)

Court Description: OPINION entered by Judge Jeanne E. Scott on 1/8/2010. The Attorney General for the State of Illinois is ordered to file on or before March 1, 2010, an answer, pursuant to Rule 5 of the Rules Governing 28 U.S.C. Section 2254 Cases, to Petitioner's Section 2254 Petition. Petitioner is given until April 1, 2010, to file any reply. (MAS, ilcd)

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E-FILED Friday, 08 January, 2010 02:01:08 PM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION GREGORY MORRIS, ) ) ) ) ) ) ) ) ) Petitioner, v. LARRY PHILLIPS, Respondent. No. 09-3293 OPINION JEANNE E. SCOTT, U.S. 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) (§ 2254 Petition). The Court will consider the § 2254 Petition under Rule 4 of the Rules Governing § 2254 Cases. After a review of the § 2254 Petition, this Court finds that a summary dismissal is not warranted. Therefore, pursuant to Rule 4, the Court directs the Attorney General for the State of Illinois to respond to the § 2254 Petition. The response shall discuss the merits and the procedural posture of the § 2254 Petition, i.e. whether Petitioner has exhausted his state remedies and/or procedurally defaulted any claims. See Rule 5 of the Rules 1 Governing § 2254 cases. THEREFORE, the Attorney General for the State of Illinois is ordered to file on or before March 1, 2010, an answer, pursuant to Rule 5 of the Rules Governing 28 U.S.C. § 2254 Cases, to Petitioner's § 2254 Petition. Petitioner is given until April 1, 2010, to file any reply. IT IS THEREFORE SO ORDERED. ENTER: January 8, 2010 FOR THE COURT: s/ Jeanne E. Scott JEANNE E. SCOTT UNITED STATES DISTRICT JUDGE 2

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