Carter v. People of Illinois et al, No. 3:2008cv03286 - Document 13 (C.D. Ill. 2009)

Court Description: OPINION entered by Judge Jeanne E. Scott on 03/04/2009. SEE WRITTEN OPINION. (1) The Attorney General for the State of Illinois is ordered to file an answer pursuant to Rule 5 of the Rules Governing 28 U.S.C. § 2254 Cases to Petitioner� 39;s Petition for a Writ of Habeas Corpus on or before June 1, 2009, and to provide the Court with a copy of trial transcripts on or before that date. Petitioner is granted 21 days from the time the answer is filed to file a reply; (2) Petitioner's Motion for Appointment of Counsel (d/e 6) is DENIED; (3) Motion for Service (d/e 8) also is DENIED; and (4) Petitioner's Motion to Allow Expansion of Pleadings (d/e 5) is ALLOWED. (DM, ilcd)

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E-FILED Friday, 06 March, 2009 01:48:34 PM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION WILLIAM DALE CARTER, ) ) ) ) ) ) ) ) ) ) Petitioner, v. ILLINOIS, ILLINOIS ATTORNEY GENERAL, TOM W. WEGER, Respondents. No. 08-3286 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 by a Person in State Custody (d/e 1) (Petition). This is the initial consideration of Petitioner s Petition under Rule 4 of the Rules Governing § 2254 Cases. Petitioner also filed a number of Motions, which are addressed below. After a review of the 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 Petitioner s Petition. The response shall discuss the merits and the procedural posture 1 of the Petition, i.e. whether Petitioner has exhausted his state remedies and/or procedurally defaulted any claims. See Rule 5 of the Rules Governing § 2254 Cases. THEREFORE, the Attorney General for the State of Illinois is ordered to file an answer pursuant to Rule 5 of the Rules Governing 28 U.S.C. § 2254 Cases to Petitioner's Petition for a Writ of Habeas Corpus on or before June 1, 2009, and to provide the Court with a copy of trial transcripts on or before that date. Petitioner is granted 21 days from the time the answer is filed to file a reply. Additionally, Petitioner has filed a Motion for Appointment of Counsel (d/e 6). There is no guaranteed right to assistance of counsel in a civil case. DiAngelo v. Illinois Dep t of Public Aid, 891 F.2d 1260, 1262 (7th Cir. 1989). The Court has not yet determined whether it must hold a hearing on the Petition. If the Court finds it necessary to hold a hearing, at that time the Court will appoint counsel pursuant to Rule 8 of the Rules Governing 28 U.S.C. § 2254 Cases. THEREFORE, Petitioner s Motion for Appointment of Counsel (d/e 6) is DENIED. Petitioner also filed a Motion for Service (d/e 8) asking the Court to serve all Defendants. The Court previously denied Petitioner s request to 2 file in forma pauperis, however. THEREFORE, the Motion for Service (d/e 8) also is DENIED. The Clerk of Court is directed to send Petitioner a copy of his Petition, however, because he indicates that he sent the Court his only copy and will need it to serve Defendants. Finally, Petitioner has filed a Motion to Allow Expansion of Pleadings (d/e 5), asking the Court to consider documents he attached when it decides his Petition. The Court will do so. THEREFORE, Petitioner s Motion to Allow Expansion of Pleadings (d/e 5) is ALLOWED. IT IS THEREFORE SO ORDERED. ENTER: March 4, 2009 FOR THE COURT. s/ Jeanne E. Scott JEANNE E. SCOTT UNITED STATES DISTRICT JUDGE 3

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