Vann v. Ryker et al

Filing 26

WRITTEN Opinion entered by the Honorable Virginia M. Kendall on 5/24/2011:The habeas corpus petition is dismissed as untimely pursuant to 28 U.S.C. § 2244(d). The Court declines to issue a certificate of appealability under Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts because there is no substantial showing of a denial of a constitutional right in this case. The Clerk is requested to enter a Rule 58 Judgment in favor of Respondent against Petitioner. Petitioner shall take nothing. Civil Case Terminated. Entered by the Honorable Virginia M. Kendall on 5/24/2011. Mailed notice(tsa, )

January 31, 2011Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

Virginia M. Kendall

CASE NUMBER

07 C 4635

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

January 31, 2011

Eric Vann (K77736) v. Warden Keith Anglin

DOCKET ENTRY TEXT:

The Court has reviewed respondent’s 1/25/11 status report. [18] Respondent’s argument that the habeas corpus
petition is untimely pursuant to 28 U.S.C. § 2244(d) is properly raised in accordance with the instructions in the
Court’s 12/23/10 order. [18] The Court construes respondent’s 1/25/11 status report as a motion to dismiss.
Respondent’s counsel is given leave to file the mail logs from the Illinois Department of Corrections [18 at p.13]
in the record if she is able to obtain the documents from the IDOC. The parties’ cross-responses to the opposing
parties’ status reports remain due 2/15/10. Petitioner is advised to respond to all of respondent’s arguments in
his 1/25/11 status report including respondent’s statute of limitations argument. See 28 U.S.C. § 2244(d),
Holland v. Florida, 130 S. Ct. 2549 (2010); Jimenez v. Quarterman, 555 U.S. 113 (2009); Moore v. Battaglia,
476 F.3d 504 (7th Cir. 2007); Escamilla v. Jungwirth, 426 F.3d 868 (7th Cir. 2005). The Court will rule by mail
and set any additional dates if necessary.
Docketing to mail notices.

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