Graham v. Johnson et al

Filing 5

WRITTEN Opinion entered by the Honorable Gary Feinerman on 1/9/2012: Petitioner's motion to proceed in forma pauperis 3 is granted. Respondent is ordered to answer or otherwise plead to the habeas petition by 2/6/2012. Petitioner's motion for appointment of counsel 4 is denied without prejudice as premature. [For further details see written opinion.] Mailed notice (ao, )

Order Form (01/2005)

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

GARY FEINERMAN

CASE NUMBER

11 C 8720

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

1-9-2012

Igdaliah Graham (#K-51854) vs. Yolande Johnson

DOCKET ENTRY TEXT:

Petitioner’s motion to proceed in forma pauperis [3] is granted. Respondent is ordered to answer or otherwise
plead to the habeas petition by 2/6/2012. Petitioner’s motion for appointment of counsel [4] is denied without
prejudice as premature.

O

[For further details see text below.]

Docketing to mail notices.

STATEMENT
Petitioner Igdaliah Graham, a state prisoner, filed a pro se petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2254. Having shown that he is indigent, Graham’s motion to proceed in forma pauperis is granted.
The petition maintains that Graham has exhausted state court remedies as to all claims raised in the
petition, and it appears to have filed in a timely manner. Accordingly, Respondent is ordered to answer the
petition or otherwise plead by February 6, 2012. This preliminary order to respond does not, of course, preclude
the Warden from making whatever waiver, exhaustion, or timeliness arguments are available.
Graham is instructed to file all future papers concerning this action with the Clerk of Court in care of the
Prisoner Correspondent. Graham 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, Graham 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 the 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.
(CONTINUED)

mjm

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STATEMENT (continued)
Graham’s motion for appointment of counsel is denied without prejudice as premature. Counsel must be
appointed in a habeas corpus proceeding only if an evidentiary hearing is needed or if interests of justice so require.
See Rule 8(c), Rules Governing Section 2254 Cases. Whether the interests of justice require appointment of
counsel in this case cannot be determined until after the court has had an opportunity to review and consider
Respondent’s response to the petition. Petitioner may re-file his motion for appointment of counsel after
Respondent answers or otherwise pleads to the petition.

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