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Eric Vann v. Warden Keith Anglin

United States District Court, Northern District of Illinois


January 31, 2011

ERIC VANN
v.
WARDEN KEITH ANGLIN

Name of Assigned Judge Virginia M. Kendall Sitting Judge if Other or Magistrate Judge than Assigned Judge

CASE TITLE

(K77736)

DOCKET ENTRY TEXT:

The Court has reviewed respondent's 1/25/11 status report. [18] Respondent's argument that the habeas corpus petition is untimely pursuant to 28 U.S.C. § 2244(d) is properly raised in accordance with the instructions in the Court's 12/23/10 order. [18] The Court construes respondent's 1/25/11 status report as a motion to dismiss. Respondent's counsel is given leave to file the mail logs from the Illinois Department of Corrections [18 at p.13] in the record if she is able to obtain the documents from the IDOC. The parties' cross-responses to the opposing parties' status reports remain due 2/15/10. Petitioner is advised to respond to all of respondent's arguments in his 1/25/11 status report including respondent's statute of limitations argument. See 28 U.S.C. § 2244(d), Holland v. Florida, 130 S. Ct. 2549 (2010); Jimenez v. Quarterman, 555 U.S. 113 (2009); Moore v. Battaglia, 476 F.3d 504 (7th Cir. 2007); Escamilla v. Jungwirth, 426 F.3d 868 (7th Cir. 2005). The Court will rule by mail and set any additional dates if necessary.

Docketing to mail notices.

20110131

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