United States ex rel. Snyder v. Illinois

MEMORANDUM ORDER

BUA, District Judge.

This is a proceeding on a state prisoner’s petition for a writ of habeas corpus. 28 U.S.C. §§ 2241, 2254. Before the court is respondent’s motion to dismiss the petition for failure to state a claim (Rule 12(b) F.R. Civ.Pro.) or, in the alternative, for summary judgment. (Rule 56(b) F.R,Civ.Pro.)

Petitioner Andrew N. Snyder was charged with burglary (Ill.Rev.Stat.1973, ch. 38, § 19-1) and theft (Ill.Rev.Stat.1973, ch. 38, § 16-l(a)) for allegedly entering an abandoned farmhouse and there obtaining control over stolen property. After a jury trial in the…