Miller v. Rednour

Filing 6

ORDER REFERRING CASE to Magistrate Judge Philip M. Frazier. Signed by Chief Judge David R. Herndon on 8/9/2012. (mtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

EDDIE JASON MILLER, K-68074,
Petitioner,
v.
MICHAEL P. ATCHISON, Warden,
Menard Correctional Center,1
Respondent.

Case No. 11-cv-940-DRH
MEMORANDUM AND ORDER

HERNDON, Chief Judge:
Before the Court is petitioner Eddie Jason Miller’s petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1). Petitioner, a state prisoner,
challenges his 2003, Champaign County, Illinois conviction for heinous battery.
Petitioner alleges various claims of ineffective assistance of counsel.
IT IS HEREBY ORDERED that respondent shall answer and address
solely the issue of the timeliness of the instant petition within thirty days of
the date this order is entered. This preliminary order to respond does not, of
course, preclude the State from making whatever waiver, exhaustion, or
timeliness arguments it may wish to present. Service upon the Illinois Attorney
General, Criminal Appeals Bureau, 100 West Randolph, 12th Floor, Chicago,
Illinois 60601 shall constitute sufficient service.
1

As the current Warden of Menard Correctional Center, Michael P. Atchison is substituted as the
respondent. See FED. R. CIV. P. 25(D).

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IT IS FURTHER ORDERED that pursuant to Local Rule 72.1(a)(2), this
cause is referred to a United States Magistrate Judge for further pre-trial
proceedings.
IT IS FURTHER ORDERED that this entire matter be REFERRED to a
United States Magistrate Judge for disposition, as contemplated by Local Rule
72.2(b)(2) and 28 U.S.C. § 636(c), should all the parties consent to such a
referral.
Petitioner is ADVISED of his continuing obligation to keep the Clerk (and
each opposing party) informed of any change in his whereabouts during the
pendency of this action. This notification shall be done in writing and not later
than seven days after a transfer or other change in address occurs. Failure to
provide such notice may result in dismissal of this action. See FED. R. CIV. P.

David R. Herndon
2012.08.09
05:28:57 -05'00'

41(b).
IT IS SO ORDERED.
Signed this 9th day of August, 2012.

Chief Judge
United States District Court

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