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United States of America Ex Rel. v. Joseph Yurkovich

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


March 12, 2012

UNITED STATES OF AMERICA EX REL. ADAM GRAY #B-77079, PETITIONER,
v.
JOSEPH YURKOVICH, WARDEN, RESPONDENT.

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

MEMORANDUM ORDER

Nearly 15 years after Adam Gray ("Gray") was convicted of aggravated arson and two counts of first degree murder on which he is serving a sentence of natural life in prison, the "Exoneration Project" of the University of Chicago Law School, with two lawyers from Jenner & Block teaming up with law students, has filed a 28 U.S.C. §2254 Petition for Writ of Habeas Corpus ("Petition"). This Court's threshold review of that filing, as called for by Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, unsurprisingly suggests that part or all of the Petition may be barred by limitations under 28 U.S.C. §2244(d)(1)--indeed, was perhaps time-barred even before any tolling kicked in under 28 U.S.C. §2244(d)(2) by reason of Gray's filing of his first state post-conviction petition.*fn1

Accordingly this Court orders an initial status hearing for 9:15 a.m. March 20, 2012 to discuss the timeliness issue.*fn2 It should then be in a better position to determine what further proceedings are appropriate.


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