Dingus v. Butler et al

Filing 16

MEMORANDUM Order: Petitioner's In Forma Pauperis Application 14 filed solely in conjunction with Motion 4 is granted. Petitioner's Motion for Appointment of Counsel 4 is granted. The Court designates John M. Beal, Esq. a member of the Federal Defender Panel to represent petitioner Anthony Dingus. It is expected that attorney Beal will shortly apprise Dingus, defense counsel and this Court as to when the Reply to respondent's Answer (see Rule 5(d) of the Rules Governing Section 2254 Cases in the United States District Courts) may be anticipated. Signed by the Honorable Milton I. Shadur on 5/25/2016:Mailed notice(clw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA ex rel.
ANTHONY DINGUS (#R-44941),
Petitioner,
v.
KIMBERLY BUTLER, Warden,
Respondent.

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Case No. 16 C 1875

MEMORANDUM ORDER
In another instance of the serendipity occasionally encountered in cases on this Court's
calendar, its April 27, 2016 memorandum order transmitting to Anthony Dingus ("Dingus") a
new set of In Forma Pauperis Application ("Application") forms to enable this Court to obtain
legal representation for him actually crossed in the mails with the April 28, 2016 receipt in the
Clerk's Office of just such an Application dated April 18 and bearing Dingus' signature. This
Court immediately determined that it would grant the Application solely in conjunction with
Dingus' pending Motion for Appointment of Counsel (Dkt. No. 4), 1 and it requested the
designation of a member of the Federal Defender Panel to represent Dingus.
Unfortunately it took longer than anticipated to obtain a Panel member with substantial
experience in Section 2254 proceedings (as the Panel's name suggests, its members' principal
activity is in the defense of criminal charges in the first instance), so that the request has been
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Because the filing fee for Dingus' 28 U.S.C. § 2254 ("Section 2254") petition is just $5
and has been paid by Dingus, the Application (Dkt. No. 14) is not treated as having sought in
forma pauperis treatment in the usual sense, but it is granted in the limited sense described in the
text.

pending for some time. Now, however, this Court has been advised that the following member
of that Panel is available to represent Dingus in this action:
John M. Beal, Esq.
53 West Jackson Boulevard
Suite 1615
Chicago, Illinois 60604
Phone: [phone]
E-mail: [e-mail].
Accordingly attorney Beal is now designated to serve in that capacity, and it is expected that he
will shortly apprise Dingus, defense counsel and this Court as to when the Reply to respondent's
Answer (see Rule 5(d) of the Rules Governing Section 2254 Cases in the United States District
Courts) may be anticipated.

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Milton I. Shadur
Senior United States District Judge
Date: May 25, 2016

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