United States District Court, S.D. Illinois
WALTER D. BRYANT, #B24993, Petitioner,
J. HAMMERS, Respondent.
MEMORANDUM AND ORDER
Herndon United States District Judge.
Walter Bryant is currently incarcerated in Illinois River
Correctional Center. He brings this federal habeas corpus
action pursuant to 28 U.S.C. § 2254. (Doc. 1).
Petitioner seeks a writ of habeas corpus that upsets his 1998
conviction for first-degree murder in Marion County,
Illinois. (Doc. 1, p. 1). He is currently serving a 50-year
sentence for the crime. Id.
matter is now before the Court for a preliminary review of
the § 2254 Petition pursuant to Rule 4 of the Rules
Governing § 2254 Cases in United States District Courts.
Rule 4 provides that upon preliminary consideration by the
district court judge, “[i]f it plainly appears from the
petition and any attached exhibits that the petitioner is not
entitled to relief in the district court, the judge must
dismiss the petition and direct the clerk to notify the
petitioner.” The Petition (Doc. 1) does not survive
screening under this standard.
Petition qualifies as a “second or successive”
habeas petition under 28 U.S.C. § 2244(b). As such,
Petitioner was required to obtain permission from the Seventh
Circuit Court of Appeals before filing it. See 28
U.S.C. § 2244(b)(3)(A). He failed to do so. Therefore,
this Court lacks jurisdiction over the Petition, and it shall
a bench trial in 1998, Petitioner was convicted of
first-degree attempted murder. (Doc. 1, p. 1). He was
sentenced to 50 years of incarceration for the crime.
Id. The state appellate court affirmed the
conviction and sentence on March 21, 2000. (Doc. 1, p. 2). A
Petition for Leave to Appeal (PLA) was subsequently denied by
the Illinois Supreme Court. (Doc. 1, pp. 2-3).
filed two rounds of post-conviction petitions, the first of
which was dismissed by the state trial court. (Doc. 1, p. 3).
The state appellate court affirmed the dismissal of the
initial post-conviction petition, and the PLA was denied by
the Illinois Supreme Court on October 7, 2003. Id.
The United States Supreme Court denied the petition for writ
of certiorari in March 2004. Id.
2014, Petitioner pursued federal habeas relief in this
District. See Bryant v. Gossett, No.
14-cv-01380-DRH-CJP (S.D. Ill.) (“First § 2254
Petition”). He challenged his 1998 conviction on three
1. Trial counsel was ineffective for failing to inform
Petitioner that he was subject to an extended-term sentence.
2. Petitioner's due process rights were violated because
he did not knowingly and intelligently waive his right to a
3. Petitioner did not receive a sentencing hearing regarding
the imposition of an extended-term sentence or concerning
aggravating or mitigating factors.
(Doc. 1, First § 2254 Petition). A response was ordered.
(Doc. 8, First § 2254 Petition). The Government sought
dismissal of the First § 2254 Petition on the grounds
that it was time-barred. (Doc. 16, First § 2254
Petition). This Court determined that the Petition was
time-barred and that Petitioner's claim of actual
innocence lacked merit. (Doc. 20, First § 2254
Petition). Accordingly, the Court dismissed the First §
2254 Petition with prejudice on June 30, 2015. Id.
allegedly filed a second post-conviction petition on July 11,
2017. (Doc. 1, p. 4). In it, he requested “immediate
release.” Id. However, the petition was denied
on September 26, 2017. Id. Petitioner states that he