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Donald Ray Anglin v. Marcus Hardy

August 30, 2012

DONALD RAY ANGLIN, PETITIONER,
v.
MARCUS HARDY, RESPONDENT.



The opinion of the court was delivered by: Richard Mills, U.S. District Judge:

Thursday, 30 August, 2012 02:52:22 PM Clerk, U.S. District Court, ILCD

OPINION

Pending before the Court is the Petition for Writ of Habeas Corpus by a Person in State Custody [d/e 10] filed by Petitioner Donald Ray Anglin. Pending also is the Motion for Summary Judgment [d/e 17] filed by the Respondent.

I. BACKGROUND*fn1

Petitioner Donald Ray Anglin is incarcerated at the Stateville Correctional Center in Joliet, Illinois, where he is in the custody of Warden Marcus Hardy. The Petitioner's prison identification number is K98161.

On November 22, 2002, in the Circuit Court of Montgomery County, Illinois, the Petitioner pleaded guilty to one count of first degree murder. On January 31, 2003, that court entered judgment and sentenced the Petitioner to 50 years' imprisonment.

The circuit court denied the Petitioner's motion to withdraw his guilty plea or to reduce his sentence, and the state appellate court affirmed on February 25, 2008. The Petitioner did not file a petition for leave to appeal in the Illinois Supreme Court.

On June 25, 2008, in the Circuit Court of Montgomery County, the Petitioner filed a pro se post-conviction petition under 725 ILCS 5/122-1, et seq. The trial court denied the Petitioner's post-conviction petition on July 20, 2009, and the state appellate court affirmed on November 16, 2010. The Petitioner filed a petition for leave to appeal that the Illinois Supreme Court denied on March 30, 2011.

On March 21, 2012, the Petitioner filed a § 2254 Petition in the Northern District of Illinois. Pursuant to the Order of United States District Judge Amy J. St. Eve, the case was transferred to this Court on May 14, 2012.

The Respondent was ordered to file a Response to the Petition. On July 13, 2012, the Respondent filed a Motion for Summary Judgment. A Rule 56 Notice was sent to the Plaintiff on the same date. The Plaintiff has not responded to the Motion.

II. DISCUSSION

The Respondent contends that Petitioner's § 2254 petition is untimely pursuant to 28 U.S.C. § 2244(d), which provides as follows:

(1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of--

(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the ...


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