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Palmer v. Zimmerman

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION


October 31, 2006

CHARLES B. PALMER, PETITIONER,
v.
ROGER ZIMMERMAN, RESPONDENT.

The opinion of the court was delivered by: Jeanne E. Scott, U.S. District Judge

OPINION

This cause is before the Court on Petitioner's Petition to Proceed In Forma Pauperis (d/e 1), Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (§ 2254 Petition) (d/e 2), and Motion to Appoint Counsel (d/e 3). The Petition to Proceed In Forma Pauperis is denied as moot because the Petitioner paid the filing fee. The Court will, therefore, consider the § 2254 Petition under Rule 4 of the Rules Governing § 2254 Cases.

After a review of the § 2254 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 the § 2254 Petition. The response shall discuss the merits and the procedural posture of the § 2254 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.

Petitioner's Motion to Appoint Counsel (d/e 3) is DENIED as premature. If the Court determines that Petitioner is entitled to an evidentiary hearing, then counsel will be appointed pursuant to Rule 8 of the Rules Governing 28 U.S.C. § 2254 Cases.

THEREFORE, the Attorney General for the State of Illinois is ordered to file on or before January 2, 2007, 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. Petitioner's Petition to Proceed In Forma Pauperis (d/e 1) is DENIED as moot. Petitioner's Motion to Appoint Counsel (d/e 3) is DENIED as premature.

IT IS THEREFORE SO ORDERED.

ENTER: October 31, 2006.

JEANNE E. SCOTT UNITED STATES DISTRICT JUDGE

20061031

© 1992-2006 VersusLaw Inc.



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