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Jackson v. Acevedo

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


October 4, 2010

JOSEPHUS JACKSON #B-35067, PETITIONER,
v.
GERARDO ACEVEDO, WARDEN, RESPONDENT.

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

MEMORANDUM ORDER

In compliance with this Court's August 16, 2010 memorandum order, Warden Gerardo Acevedo has filed an Answer, coupled with a bulky set of exhibits, to the 28 U.S.C. §2254 Petition for Writ of Habeas Corpus filed pro se by Josephus Jackson ("Jackson"). Because the Answer focuses on claimed procedural defaults that are said to preclude federal habeas relief for Jackson, this Court will require Jackson to file a reply (see Rule 5(e) of the Rules Governing Section 2254 Cases in the United States District Courts) with the same focus on or before November 4, 2010. Jackson is also free to address the possible avoidance of a procedural default ruling by showing either (1) cause for such default and resulting prejudice or (2) a fundamental miscarriage of justice that would be created by a failure to consider his claims on the merits.

20101004

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