Gonzalez v. Atchison et al

Filing 10

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 2/6/2013. Mailed notice by judge's staff. (srb,)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA
ex. rel. GILBERTO GONZALEZ,
Petitioner,
v.
MICHAEL ATCHISON, Warden,
Respondent.

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No.

13 C 314

MEMORANDUM ORDER
Immediately after receiving the Petition for Writ of Habeas
Corpus (“Petition”) filed by Gilberto Gonzalez (“Gonzalez”), this
Court followed its invariable practice of screening the Petition
and, as a result, it issued a January 17, 2013 memorandum opinion
and order (“Opinion”) that posed a threshold question that needed
to be addressed by Gonzalez before any consideration of the
merits of the Petition would be undertaken.

Although the Opinion

thus ordered Gonzalez to file supplemental information that is
essential for a determination as to the Petition's timeliness,
Gonzalez paid no heed to that directive.

Instead he has filed

(on the designated February 4 date) a handwritten motion to stay
the Petition because he says he has discovered additional grounds
to support a successive post-conviction proceeding in the
Illinois state court system.
This Court has in the past entered such stay-and-abey orders
in habeas cases where that procedure is appropriate.

In this

instance, though, Gonzalez' motion for such an order cannot

fairly be entertained until he has fleshed out the Petition's
timeliness by complying with the directive set out in the
Opinion.
Accordingly Gonzalez' most recent motion is simply entered
and continued, and he is granted additional time to respond to
the directive in the Opinion.

But if the required information is

not supplied on or before February 26, 2013, this Court will be
forced to conclude that Gonzalez cannot establish timeliness, in
which event the limitations provisions of 28 U.S.C. §2244(d)(1)
will be held to have barred the filing of the Petition.

_________________________________
Milton I. Shadur
United States District Judge
Date:

February 6, 2013

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