United States Ex Rel. Allen v. Hardy

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Earl Allen (“Allen”) originally advanced four grounds for relief in his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Almost exactly a year ago this Court (in the “Opinion,” 556 F.Supp. 464 (N.D.I11. 1983)) granted the motion of respondent Dr. Stephen Hardy (“Hardy”) for summary judgment on two of those grounds, deferring consideration of the other two pending the Illinois Supreme Court’s decision on the further appeal of People v. Payne, 106 Ill.App.3d 1034, 62 Ill.Dec. 744, 436 N.E.2d 1046 (1st Dist.1982).

Now Payne has been decided…