U.S. EX REL. MORGAN v. GILMORE

No. 97 C 4771.

26 F.Supp.2d 1035 (1998)

UNITED STATES EX REL. Derrick MORGAN, Petitioner, v. Jerry GILMORE, Respondent.

United States District Court, N.D. Illinois. Eastern Division.

June 29, 1998.


Attorney(s) appearing for the Case

Derrick Morgan, Menard, IL, pro se.

Catherine F. Glenn, Stephen F. Potts, Illinois Atty. General's Office, Chicago, IL, for respondent.


MEMORANDUM OPINION AND ORDER

MANNING, District Judge.

Petitioner Derrick Morgan has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent Jerry Gilmore seeks to dismiss Morgan's § 2254 petition, contending that it is untimely because the tolling provisions in 28 U.S.C. § 2254(d) do not apply to the time during which a state post-conviction proceeding is on appeal to the Illinois Appellate Court or the...

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