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HENDERSON v. THIERET

No. 87-2975.

859 F.2d 492 (1988)

Curtis HENDERSON, Petitioner-Appellant, v. James THIERET, Warden of the Menard Correctional Center and Neil F. Hartigan, Attorney General of the State of Illinois, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 5, 1988.

As Amended October 7, 1988.

Rehearing and Rehearing Denied November 10, 1988.

Attorney(s) appearing for the Case

Richard D. Murphy, Jenner & Block, Chicago, Ill., for petitioner-appellee.

David E. Bindi, Office of Ill., Atty. Gen., Chicago, Ill., for respondents-appellants.

Before CUMMINGS, COFFEY and KANNE, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 10, 1988.

KANNE, Circuit Judge.

This appeal from the dismissal of Curtis Henderson's petition for habeas corpus once again thrusts us into the morass of procedural default and waiver.

We hold that a district court may, in considering a § 2255 or § 2254 petition, raise the question of procedural default sua sponte even where the state has failed to raise it. However, the court may not...

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