Dingus v. Butler et al

Filing 5

MEMORANDUM Order: Despite the passage of almost a full decade since the conviction of Anthony Dingus ("Dingus") on two counts of first degree murder, on which he is serving a custodial sentence of 50 years, the threshold review of Dingus&# 039; litigation history by this Court's law clerk has disclosed the apparent likelihood that the tolling provision of 28 U.S.C. § 2244(d)(2) has operated to bring Dingus' just-filed Petition within the one-year limitation period esta blished by Section 2244(d)(1). Accordingly this Court complies with Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts by ordering respondent Warden Kimberly Butler to file an answer or motion directed to the Peti tion on or before April 8, 2016, with paper copies of that responsive pleading (1) to be served upon Dingus and (2) (pursuant to LR 5.2(f)) to be delivered to this Court's chambers. This Court will then determine the next appropriate steps to be taken in this litigation. Petitioner's motion to defer his payment of the $5 filing fee 3 is granted. Signed by the Honorable Milton I. Shadur on 2/8/2016: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, et al.,
Respondents.

)
)
)
)
)
)
)
)
)
)

Case No. 16 C 1875

MEMORANDUM ORDER
Despite the passage of almost a full decade since the conviction of Anthony Dingus
("Dingus") on two counts of first degree murder, on which he is serving a custodial sentence of
50 years, 1 the threshold review of Dingus' litigation history by this Court's law clerk has
disclosed the apparent likelihood that the tolling provision of 28 U.S.C. § 2244(d)(2) 2 has
operated to bring Dingus' just-filed Petition within the one-year limitation period established by
Section 2244(d)(1). Accordingly this Court complies with Rule 4 of the Rules Governing
Section 2254 Cases in the United States District Courts by ordering respondent Warden
Kimberly Butler to file an answer or motion directed to the Petition on or before April 8, 2016,
with paper copies of that responsive pleading (1) to be served upon Dingus and (2) (pursuant to

1

Dingus' currently filed Petition For Writ of Habeas Corpus ("Petition") begins by
identifying May 20, 2005 as the date of his judgment of conviction.
2

All further references to Title 28's provisions will simply take the form "Section --,"
omitting the prefatory "28 U.S.C. §."

LR 5.2(f)) to be delivered to this Court's chambers. This Court will then determine the next
appropriate steps to be taken in this litigation. 3

__________________________________________
Milton I. Shadur
Senior United States District Judge
Date: February 8, 2016

3

One other threshold matter should be mentioned. Dingus has accompanied his Section
2254 filing with a motion to defer his payment of the $5 filing fee briefly because Menard
Correctional Center, where he is in custody, is on what he describes as a "level one lockdown."
That motion is granted.
-2-