Draffen v. Robert
ORDER REFERRING CASE to Magistrate Judge Clifford J. Proud. IT IS HEREBY ORDERED that respondent shall answer the petition or otherwise plead within thirty days of the date this order is entered. Signed by Chief Judge David R. Herndon on 11/26/2013. (tjk)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOSEPH LESLIE DRAFFEN, # B-81563,
BRAD J. ROBERT,
Case No. 13-cv-1149-DRH
MEMORANDUM AND ORDER
HERNDON, Chief District Judge:
Joseph Leslie Draffen, a state prisoner, filed his petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254 on November 6, 2013. Petitioner challenges
the execution of the sixteen-year sentence imposed after his October 2007 Massac
County, Illinois, conviction for home invasion. People v. Draffen, Case No. 07CF-93. Petitioner asserts that when the trial court pronounced his sentence, the
judge stated on the record that the day-for-day (50%) good conduct credit would
However, the Illinois Department of Corrections has calculated that
petitioner must serve 85% of his sentence before he may be eligible for
parole/mandatory supervised release.
Petitioner indicates that he has exhausted his state court remedies with
respect to the claims raised in his federal habeas petition; furthermore, he
appears to have filed his petition in a timely manner. Without commenting on the
merits of petitioner’s claims, the Court concludes that the petition survives
preliminary review under Rule 4 of the Rules Governing Section 2254 Cases in
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United States District Courts.
IT IS HEREBY ORDERED that respondent shall answer the petition or
otherwise plead within thirty days of the date this order is entered.
preliminary order to respond does not, of course, preclude the State from making
whatever waiver, exhaustion or timeliness argument 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.
IT IS FURTHER ORDERED that pursuant to Local Rule 72.1(a)(2), this
cause is referred to United States Magistrate Judge Clifford J. Proud for further
IT IS FURTHER ORDERED that this entire matter be REFERRED to
United States Magistrate Judge Proud 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.
Digitally signed by
David R. Herndon
IT IS SO ORDERED.
Signed this 26th day of November, 2013.
U.S. District Court
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