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- ilnd;;1:04-cv-01262_de7 RegisterActionDate "2004-10-04" @default.
- ilnd;;1:04-cv-01262_de7 RegisterActionDescriptionText "MINUTE ORDER of 10/4/04 by Hon. Samuel Der-Yeghiayan: Status hearing set for 10/27/04 at 9:00 a.m. The petitioner having paid the required filing fee, the respondent is ordered to answer, move or otherwise plead to the petitioner's petition for writ of habeas corpus by 10/25/04. In this case, attorney general Madigan is improperly named in this petition. Under Rules 2(a) and 2(b) of the Rules Governing Section 2254 cases in the United States District Courts, when a petitioner is currently in custody, the petition for habeas corpus relief should only name the state officer having custody of the petitioner. Only when the petitioner may be subject to future custody should the petition name as respondent both the state officer who presently has custody over the applicant and the state attorney general. See Rules 2(a)(b) of the Rules Governing Section 2254 cases in the United States District Courts; see also Hogan v. Hanks, 97 F.3d 189,190 (7th Cir. 1996) (citing Cruz v. Warden of Dwight Correctional Center, 907F.2d 665,665 n, 1 (7th Cir. 1990). Therefore, because C4CDDDF is now in state custody, Attorney General Madigan is not a proper party in this petition and is accordingly dismissed. Mailed notice (gma) (Entered: 10/05/2004)" @default.
- ilnd;;1:04-cv-01262_de7 AdministrativeID "6" @default.
- ilnd;;1:04-cv-01262_de7 OntologyLabel order @default.