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GREEN v. UCHTMAN

December 20, 2005.

LAWRENCE P. GREEN, Petitioner,
v.
ALAN UCHTMAN, Respondents.



The opinion of the court was delivered by: JEANNE SCOTT, District Judge

OPINION

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) (Petition). This is the initial consideration of Petitioner's Petition under Rule 4 of the Rules Governing § 2254 Cases. After a review of the Petition, this Court finds that a summary dismissal is not warranted.

THEREFORE, the Attorney General for the State of Illinois is ordered to file an answer to Petitioner's Petition, pursuant to Rule 5 of the Rules Governing 28 U.S.C. § 2254 Cases, on or before February 21, 2006. The answer shall discuss the merits and the procedural posture of the Petition, i.e. whether Petitioner has exhausted his state remedies and/or procedurally defaulted any of his claims. See Rule 5 of the Rules Governing § 2254 Cases.

  IT IS THEREFORE SO ORDERED.

20051220

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