David A. Gray v. James Greer

Petitioner appeals from the denial of his petition for a writ of habeas corpus. The magistrate dismissed the petition because it contained exhausted and unexhausted claims in the same petition. Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982). Upon a review of the record, we conclude the Illinois post-conviction statute, Ill.Rev.Stat. ch. 38, § 122-1, et seq., does not provide petitioner a meaningful remedy; 'therefore, he has exhausted his state remedies and we remand the case to the district court for a determination on the merits.

I. PROCEDURAL HISTORY

In order to determine…