Evans v. Wabash County, Illinois, Sheriff's Department
Filing
3
ORDER REFERRING CASE to Magistrate Judge Clifford J. Proud. Signed by Judge David R. Herndon on 10/29/2015. (tjk)
hnIN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CRAIG EVANS, #863500,
Petitioner,
vs.
WABASH COUNTY, ILLINOIS,
Respondent.
Case No. 15-cv-001122-DRH
MEMORANDUM AND ORDER
HERNDON, District Judge:
Petitioner Craig Evans, a civilly committed person pursuant to the Illinois
Sexually Violent Person’s Act (“Act”), 725 ILCS 207/1 et seq., is presently confined
at the Rushville Treatment and Detention Facility in Rushville, Illinois.
Now
before the Court is petitioner’s habeas corpus petition (Doc. 1) challenging the
constitutionality of his ongoing confinement at Rushville under the Act (Doc. 1, p.
7). Petitioner has not filed any appeals related to his confinement; however, he
contends that there are no state statutes available to him to challenge his ongoing
civil commitment. 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 United States District Courts.
IT IS HEREBY ORDERED that respondent shall answer or otherwise
plead within twenty-eight 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 argument it may wish to present. Service upon
Page 1 of 2
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 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.
41(b).
Digitally signed
by Judge David R.
Herndon
Date: 2015.10.29
15:55:37 -05'00'
IT IS SO ORDERED.
DATED: October 29, 2015
United States District Court
Page 2 of 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?