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LUCAS v. FREY

United States District Court, S.D. Illinois


November 4, 2005.

LOSARDO LUCAS, Petitioner,
v.
SHELTON FREY, Respondent.

The opinion of the court was delivered by: DAVID HERNDON, District Judge

MEMORANDUM AND ORDER

Petitioner, currently incarcerated in the Tamms Correctional Center, brings this habeas corpus action pursuant to 28 U.S.C. § 2254 to challenge the constitutionality of his confinement. Through counsel, Petitioner claims that he was denied procedural due process in 25 separate disciplinary proceedings, which resulted in the aggregate loss of over 12 years of good conduct credit. He seeks expungement of all 25 disciplinary proceedings and restoration of all revoked good conduct credit, which would result in his release from custody on March 1, 2006.

IT IS HEREBY ORDERED that Respondent shall, within twenty-three (23) days of receipt of this application for Writ of Habeas Corpus, answer and show cause why the writ should not issue.

  Service upon the Illinois Attorney General, Criminal Appeals Bureau, 100 West Randolph, 12th Floor, Chicago, Illinois 60601 shall constitute sufficient service.

  IT IS FURTHER ORDERED that pursuant to Local Rule 72.1(a)(2), this cause is referred to a United States Magistrate Judge for further pre-trial proceedings.

  IT IS FURTHER ORDERED that this entire matter be REFERRED to a United States Magistrate Judge for disposition, as contemplated by Local Rule 72.2(b)(2) and 28 U.S.C. § 636(c), should all the parties consent to such a referral.

  IT IS SO ORDERED.

20051104

© 1992-2005 VersusLaw Inc.



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