IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION
August 2, 2006
DARO WEILBURG, PETITIONER,
GREGORY SIMS, WARDEN, RESPONDENT.
The opinion of the court was delivered by: Richard Mills, U.S. District Judge
This case is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This is the initial consideration of the petition pursuant to Rule 4 of the Rules Governing § 2254 Cases.
After reviewing the petition, the 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 Petitioner's petition. The response shall discuss the merits and the procedural posture of the petition, i.e. whether the Petitioner has exhausted his state remedies and/or procedurally defaulted any of his claims. See Rule 5 of the Rules Governing § 2254 cases.
Ergo, the Attorney General for the State of Illinois is ORDERED to file by September 15, 2006 an answer, pursuant to Rule 5 of the Rules Governing 28 U.S.C. § 2254 cases, to the Petitioner's petition for a writ of habeas corpus.
Richard Mills United States District Judge
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