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U.S. Ex Rel. Travis Weston (#M-07414 v. Michael P. Atchison

United States District Court, Northern District of Illinois


December 13, 2012

U.S. EX REL. TRAVIS WESTON (#M-07414)
v.
MICHAEL P. ATCHISON, ET AL.

Name of Assigned Judge or Magistrate Judge Elaine E. Bucklo Sitting Judge if Other than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT:

Petitioner has filed a motion seeking leave to proceed in forma pauperis [#3]. The motion is granted. Respondent is ordered to answer the petition or otherwise plead within thirty days of the date of this order. On the Court's own motion, Illinois Attorney General Lisa Madigan is dismissed as a party.

O [For further details see text below.] Docketing to mail notices.

STATEMENT

Travis Weston, a state prisoner, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2009, Cook County, Illinois convictions for murder 906 CR 24410) on the grounds that the trial court made evidentiary findings that were prejudicial to him, resulting in his conviction, that were affirmed by the Illinois Appellate Court.

Petitioner has paid the statutory filing fee and has sought leave to proceed in forma pauperis. The motion is granted. Petitioner maintains that he has exhausted state court remedies as to all claims raised in his habeas petition and appears to have filed this action in a timely manner. Accordingly, Respondent is ordered to answer the petition or otherwise plead within thirty days of the date this order is entered on the Clerk's docket. This preliminary order to respond does not, of course, preclude the State from making whatever waiver, exhaustion or timeliness arguments it may wish to present.

Petitioner is instructed to file all future papers concerning this action with the Clerk of Court in care of the Prisoner Correspondent. Petitioner must provide the Court with the original plus a judge's copy (including a complete copy of any exhibits) of every document filed. In addition, Petitioner must send an exact copy of any Court filing to the Chief, Criminal Appeals Division, Attorney General's Office, 100 West Randolph Street, 12th

Floor, Chicago, Illinois 60601. Every document filed by Petitioner must include a certificate of service stating to whom exact copies were sent and the date of mailing. Any paper that is sent directly to the judge or that otherwise fails to comply with these instructions may be disregarded by the Court or returned to Petitioner.

On the Court's own motion, Illinois Attorney General Lisa Madigan is dismissed as a party. See Hogan v. Hanks, 97 F.3d 189, 190 (7th Cir. 1996), cert. denied, 520 U.S. 1171 (1997) (a state's attorney general is a proper party in a habeas petition only if the petitioner is not then confined); see also Rules 2(a) and (b) of Rules Governing Section 2254 Cases. In this case, Petitioner is not challenging a future sentence, but rather his present confinement. Therefore, Illinois' Attorney General is not a proper party.

20121213

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