Gray v. Yurkovich

Filing 8

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 3/12/2012:Mailed notice(srn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA ex rel.)
ADAM GRAY #B-77079,
)
)
Petitioner,
)
)
v.
)
)
JOSEPH YURKOVICH, Warden,
)
)
Respondent.
)

No.

12 C 1743

MEMORANDUM ORDER
Nearly 15 years after Adam Gray (“Gray”) was convicted of
aggravated arson and two counts of first degree murder on which
he is serving a sentence of natural life in prison, the
“Exoneration Project” of the University of Chicago Law School,
with two lawyers from Jenner & Block teaming up with law
students, has filed a 28 U.S.C. §2254 Petition for Writ of Habeas
Corpus (“Petition”).

This Court’s threshold review of that

filing, as called for by Rule 4 of the Rules Governing Section
2254 Cases in the United States District Courts, unsurprisingly
suggests that part or all of the Petition may be barred by
limitations under 28 U.S.C. §2244(d)(1)--indeed, was perhaps
time-barred even before any tolling kicked in under 28 U.S.C.
§2244(d)(2) by reason of Gray’s filing of his first state postconviction petition.1

1

Gray has most recently filed a third such state petition,
which has not yet been ruled upon. In that respect his counsel
have filed a motion to stay and abey the Petition to allow him to
exhaust his state court remedies.

Accordingly this Court orders an initial status hearing for
9:15 a.m. March 20, 2012 to discuss the timeliness issue.2

It

should then be in a better position to determine what further
proceedings are appropriate.

________________________________________
Milton I. Shadur
Senior United States District Judge
Date:

March 12, 2012

2

Although Gray’s counsel have previously designated a
March 28 presentment date, it seems to make good sense to address
the limitations question at the earliest possible date.
2