United States ex rel. King v. Peters

MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

Kevin King is a convicted murdered who filed a pro se petition in this court for habeas corpus relief pursuant to 28 U.S.C. § 2254. Mr. King was convicted on June 17, 1985 of the murder of Arthur Warren and sentenced to thirty years in prison. Respondent has moved to dismiss on the grounds of exhaustion and procedural default. As outlined and explained below, the court requests that the parties submit additional briefing on the issue of whether Mr. King’s voluntary dismissal of his Illinois Post-Conviction petition constitutes a procedural…