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 (“Section- 2254”) petition for a writ of habeas corpus. This Court’s “Opinion I, ” 556 F.Supp. 464 (N.D.Ill.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).

After Payne was decided by that…