Gavin v. Acevedo, No. 3:2009cv03112 - Document 4 (C.D. Ill. 2009)
Court Description: OPINION entered by Judge Jeanne E. Scott on 5/22/2009. 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. Section 2254 Cases to Petitioner's Petition for a Writ of Habe as Corpus on or before August 21, 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. Petitioner's Motion for Appointment of Counsel (d/e 2) is DENIED. (MAS, ilcd)
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E-FILED Tuesday, 26 May, 2009 02:24:56 PM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION EZRA GAVIN, ) ) ) ) ) ) ) ) ) Petitioner, v. GERARDO ACEVEDO, Respondent. No. 09-3112 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 3) (Petition). This is the initial consideration of Petitioner s Petition under Rule 4 of the Rules Governing § 2254 Cases. Petitioner also filed a Motion for Appointment of Counsel (d/e 2), which is 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 of the Petition, i.e. whether Petitioner has exhausted his state remedies 1 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 August 21, 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. Petitioner also filed a Motion for Appointment of Counsel. There is no guaranteed right to assistance of counsel in a civil case. DiAngelo v. Illinois Dept. of Public Aid, 891 F.2d 1260, 1262 (7th Cir. 1989). The Court has not determined yet 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 2) is DENIED. IT IS THEREFORE SO ORDERED. ENTER: May 22, 2009 FOR THE COURT: s/ Jeanne E. Scott JEANNE E. SCOTT UNITED STATES DISTRICT JUDGE 2
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