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United States of America Ex Rel. v. Sheryl Thompson

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


April 12, 2011

UNITED STATES OF AMERICA EX REL.
IRENE ROMANIUK
PETITIONER,
v.
SHERYL THOMPSON, WARDEN, RESPONDENT.

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

#R38932,

MEMORANDUM ORDER

This Court's March 15, 2011 memorandum order ("Order") addressed the self-prepared Petition for Writ of Habeas Corpus ("Petition") filed by Irene Romaniuk ("Romaniuk") under 28 U.S.C. §2254,*fn1 in which Romaniuk sought to challenge her conviction on a first-degree murder charge on which she is now serving a 45-year sentence. As the Order pointed out, the Petition's narrative as to the time sequence involved in Romaniuk's direct appeal and her later state post-conviction proceedings appeared to show that the Petition was time-barred under Section 2244(d)(1), so that the Order gave Romaniuk until April 6 to provide a supplemental filing demonstrating otherwise.

April 6 has come and gone without any submission by Romaniuk. That being the case, "it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court" (Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts), so that the same Rule 4 mandates dismissal of the Petition and this action. This Court so orders.


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