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United States ex rel Lindsey v. Robertson

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


November 7, 2007

UNITED STATES OF AMERICA EX REL. JERRI ROBBIN LINDSEY, #B49150, PETITIONER,
v.
WARDEN CAROLYN ROBERTSON, RESPONDENT.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

Regrettably the January 6, 2007 letter that pro se petitioner Jerri Robbin Lindsey ("Lindsey") wrote to this Court, reporting that she had then exhausted all of her state post-conviction remedies,*fn1 was simply filed in the Clerk's Office without any notification to this Court of its existence or any delivery to this Court of a copy of the letter. Accordingly this Court was totally unaware that the defect in Lindsey's Petition that had led to its dismissal had been cured until Lindsey wrote a follow-up letter on October 23.

This Court has taken immediate steps to follow up on the case, including its obtaining the three unpublished orders of the Illinois Appellate Court for the First District*fn2 and the Illinois Supreme Court's November 29, 2006 denial of leave to appeal the Appellate Court's dismissal of the state post-conviction petition. Those documents confirm Lindsey's satisfaction of the exhaustion requirement and therefore call for further proceedings.

Accordingly this Court:

1. directs Lindsey to refile her Petition so that it may be assigned a new case number in place of the previously dismissed Case No. 06 C 3213;*fn3

2. will treat Lindsey's initial Motion for Appointment of Counsel as applicable to the new case and, when the new case is filed, will grant that motion, for which purpose this District Court's regularly-employed procedure for appointments from its trial bar will be followed;

3. will also order the Illinois Attorney General's Office to file, on behalf of the respondent Warden, within 49 days after the new case is filed, an answer to the new Petition in accordance with Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts.*fn4 This Court will then determine what further proceedings are necessary.


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