Foremin v. Gomez et al
| Roman Foremin |
| David Gomez |
| 1:2021cv05895 |
| November 3, 2021 |
| US District Court for the Northern District of Illinois |
| Sharon Johnson Coleman |
| Prisoner: Habeas Corpus |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 4
ORDER: Petitioner's 28 U.S.C. 2254 petition appears untimely as he filed it more than one year after the date his conviction "became final by the conclusion of direct review or the expiration of the time for seeking such review." 28 U.S.C. 2244(d)(1)(A); see also Fiumefreddo v. Brookhart, No. 21 C 219, 2021 WL 3472633, at *2 (N.D. Ill. Aug. 6, 2021) (an Illinois guilty-plea conviction becomes final by direct review "with the lapsing of the 30-day deadline to bring a motion to withdraw [the] guilty plea") (citing Ill. S. Ct. R. 604(d)). Even though Petitioner filed a state post-conviction petition several years later, the filing of a state petition after 2244(d)'s limitations period has run does not restart the federal limitations period. De Jesus v. Acevedo, 567 F.3d 941, 943 (7th Cir. 2009). Accordingly, by December 24, 2021, Petitioner must show cause in writing why this case should not be dismissed as time-barred. His failure to comply with this order may result in this case being dismissed. Signed by the Honorable Sharon Johnson Coleman on 11/10/2021. Mailed notice. (ym, )
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Filing 2
PRISONER CIVIL Cover Sheet (ec, )
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Filing 1
PETITION for writ of habeas corpus filed by Roman Foremin against David Gomez. (Envelope postmarked 10/28/2021) (ec, )
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CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (ec, )
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| Petitioner: Roman Foremin | |
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| Respondent: David Gomez | |
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