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- ilcd;;2:17-cv-02212_de24 RegisterActionDate "2018-07-23" @default.
- ilcd;;2:17-cv-02212_de24 RegisterActionDescriptionText "TEXT ORDER: Currently pending is Respondent's Motion to Dismiss 8 Petitioner's Section 2254 Petition as untimely. In his response to the Motion to Dismiss, Petitioner raises for the first time the claim that the lack of library access in prison impeded his ability to timely file his § 2254 Petition. See 28 U.S.C. § 2244(d)(1)(B); Estremera v. United States, 724 F.3d 773 (7th Cir. 2013) (addressing the parallel statutory tolling provision in § 2255 cases and finding the lack of library access may be an impediment to timely filing). Despite being directed to do so, Respondent has failed to file a brief addressing this claim or the necessity of an evidentiary hearing. The Motion to Dismiss 8 is denied without prejudice. The Court grants an evidentiary hearing on whether Petitioner is entitled to statutory or equitable tolling. On its own motion, and pursuant to 18 U.S.C. § 3006A(a)(2)(B), the Court appoints Criminal Justice Act panel attorney J. Randall Cox to represent Petitioner in this matter. See also Rule 8 of the Rules Governing Section 2254 Cases in the United States District Court (providing that the court must appoint an attorney to represent a petitioner who qualifies for appointed counsel if an evidentiary hearing is warranted). The evidentiary hearing is set for Wednesday, August 29, 2018 at 10:00 a.m. in Courtroom 1 in Springfield before Judge Sue E. Myerscough. Entered by Judge Sue E. Myerscough on 7/23/2018. (ME, ilcd) (Entered: 07/23/2018)" @default.
- ilcd;;2:17-cv-02212_de24 AdministrativeID "None" @default.
- ilcd;;2:17-cv-02212_de24 hasJudgeReference SJ001511 @default.
- ilcd;;2:17-cv-02212_de24 hasReferenceToOtherEntry ilcd;;2:17-cv-02212_de14 @default.