Brownstein v. Circuit Court

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Ronald Brownstein (“Brownstein”) has brought this 28 U.S.C. § 2254 (“Section 2254”) habeas corpus proceeding against the “Circuit Court of Cook County” and the *108“State’s Attorney of Cook County.”1 Brownstein claims his failure to waive his constitutional right to a jury trial vitiates his state court conviction. Respondents now move pursuant to Fed.R.Civ.P. (“Rule”) 56 for summary judgment. For the reasons stated in this memorandum opinion and order, the petition is instead dismissed without prejudice in accordance with Section 2254(b) and (c).