C.D. Ill. Civil LR 8.2

(A) Operation, Scope, and Priority

(1) This rule applies to post-conviction proceedings in all cases involving

persons under sentence of capital punishment.

(2) The judge to whom a case is assigned will handle all matters pertaining to

the case, including certificates of appealability, stays of execution,

consideration of the merits, second or successive petitions when authorized

by the Court of Appeals under 28 U.S.C. §§ 2244(b)(3), 2255(h), remands

from the Courts of Appeals or Supreme Court of the United States, and

associated procedural matters. This rule does not limit a district judge’s

discretion to designate a magistrate judge, under 28 U.S.C. § 636, to perform

appropriate tasks. An emergency judge may act when the designated district judge

is unavailable.

(3) The judge must give priority to cases within the scope of this rule, using the

time limitations in 28 U.S.C. § 2266(b) as guidelines when the section is not

directly applicable.

(4) The judge may make changes in the procedures established by this rule when

justice so requires.

(B) Notices and Required Documents

(1) A petition or motion within the scope of this rule must:

(a) Include all possible grounds for relief;

(b) Inform the court of the execution date, if one has been set; and

(c) In an action under 28 U.S.C. § 2254, inform the court how each issue

raised was presented to the state tribunal and, if it was not presented,

why the contention nonetheless should be treated as (i) exhausted,

and (ii) not forfeited.

(2) As soon as a case is assigned to a judge, the district clerk must notify by

telephone the judge, counsel for the parties, and the representatives

designated under the next subsection. The district clerk also must inform

counsel of the appropriate procedures and telephone numbers for

emergency after-hours motions.

(3) The Attorneys General of states with persons under sentence of death, and

the United States Attorneys of districts with persons under sentence of

death, must designate representatives to receive notices in capital cases in

addition to, or in lieu of, the government’s assigned counsel, and must keep

the court informed about the office and home telephone numbers of the

designated representatives.

(4) The district clerk must notify the circuit clerk of the filing of a case within

the scope of this rule, of any substantial development in the case, and of the

filing of a notice of appeal. In all cases within the scope of this rule, the

district court clerk must immediately transmit the record to the Court of

Appeals following the filing of a notice of appeal. A supplemental record

may be sent later if items are not currently available.

(5) Promptly after the filing of a case within the scope of this rule, the district

clerk must furnish to petitioner or movant a copy of this rule, together with

copies of Rule 22 of the Federal Rules of Appellate Procedure, and Seventh

Circuit Rules 22 and 22.2.

(6) In all cases within the scope of this rule, the petitioner or movant must file,

within 14 days after filing the petition or motion, legible copies of the

documents listed below. If a required document is not filed, the petitioner

or movant must explain the omission.

(a) Copies of all state or federal court opinions, memorandum

decisions, orders, transcripts of oral statements of reasons, and

judgments involving any issue presented by the petition or motion,

whether these decisions or opinions were rendered by trial or

appellate courts, on direct or collateral review. If a decision or

opinion has been published, a citation may be supplied in lieu of a

copy.

(b) Copies of prior petitions or motions filed in state or federal court

challenging the same conviction or sentence.

(c) If a prior petition has been filed in federal court, either (i) a copy of

the Court of Appeals’ order under 28 U.S.C. § 2244(b)(3) or §

2255(h) permitting a second or successive collateral attack, or (ii)

an explanation of why prior approval of the Court of Appeals is not

required.

(d) Any other documents that the judge requests.

(C) Preliminary Consideration

(1) The district judge will promptly examine a petition or motion within the

scope of this rule and, if appropriate, order the respondent to file an answer

or other pleading or take such other action as the judge deems appropriate.

(2) If the judge determines that the petition or motion is a second or successive

collateral attack for which prior approval of the Court of Appeals was

required but not obtained, the judge will immediately dismiss the case for

want of jurisdiction.

(3) If the Court of Appeals granted leave to file a second or successive collateral

attack, the district judge must promptly determine in writing whether the

criteria of 28 U.S.C. § 2244(b)(4) have been satisfied.

(D) Appointment of Counsel

Pursuant to 28 U.S.C. § 2255(g), counsel will be appointed for any person under a

sentence of death who is financially unable to obtain representation, requests that

counsel be appointed, and does not already have counsel appointed by a state under

28 U.S.C. § 2261.

(E) Stay of Execution

(1) A stay of execution is granted automatically in some cases, and forbidden

in others, by 28 U.S.C. § 2262. All requests with respect to stays of

execution over which the Court possesses discretion, or in which any party

contends that § 2262 has not been followed, must be made by motion under

this rule.

(2) Parties must endeavor to file motions with the court in writing and during

normal business hours. Parties having emergency motions during

nonbusiness hours must proceed as instructed under part (b)(2).

(3) A motion must be accompanied by legible copies of the documents required

by part (b)(6), unless these documents have already been filed with the court

or the movant supplies a reason for their omission. If the reason is lack of

time to obtain or file the documents, then the movant must furnish them as

soon as possible thereafter.

(4) If the attorney for the government has no objection to the motion for stay,

the court must enter an order staying the execution.

(5) If the district judge concludes that an initial petition or motion is not

frivolous, a stay of execution must be granted.

(6) An order granting or denying a stay of execution must be accompanied by a

statement of the reasons for the decision.

(7) If the district court denies relief on the merits and an appeal is taken, then:

(a) if the judge denies a certificate of appealability, any previously

issued stay must be vacated, and no new stay of execution may be

entered; but

(b) if the judge issues a certificate of appealability, a stay of execution

pending appeal must be granted.

(F) Clerk’s List of Cases

The Clerk will maintain a list of cases within the scope of this rule.