Towns v. Adkins

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SHERRELL C. TOWNS,
Petitioner,
v.
JEFFREY WEHKING,
Respondent.
Case No. 25-CV-00042-SPM
MEMORANDUM AND ORDER APPOINTING COUNSEL
McGLYNN, District Judge:
Before the Court is Petitioner Towns’ Motion for Default Judgment (Doc. 57)
and Motion to Strike the Record in Madison County After May 21, 2025, Hearing
(Doc. 58). In his Motion for Default Judgment, Towns asserts that the failure of
Respondent’s previous counsel to withdraw from the matter, as well as the current
counsel’s failure to enter an appearance, places Respondent Wehking in default. (See
Doc. 57). Upon a review of the record, this Court does not find any unauthorized
filings by Respondent nor any errors in the record with respect to counsel for
Respondent having entered their appearances. Moreover, this Court does not find
that Respondent has failed to timely respond to the Petition for Writ of Habeas
Corpus. Accordingly, the Motion for Default Judgment is DENIED. In his Motion to
Strike, Petitioner Towns asks this Court to strike entries made on the record after
this Court’s Order entered on September 4, 2025, in his current proceedings before
the Circuit Court for Madison County, Illinois. (See Doc. 58). Towns states that
further developments in his postconviction matter in Madison County case only serve
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as a detriment to him in the matter pending before this Court. The Court finds that
it is without jurisdiction to alter the docket in the proceedings before the Madison
County 	Circuit 	Court 	and 	grant 	Petitioner 	the 	relief 	he 	seeks. 	See 	generally
FreeEats.com, Inc. v. Indiana, 502 F.3d 590, 595 (7th Cir. 2007) (stating that the
abstention doctrine announced by the Supreme Court in Younger v. Harris, 401 U.S.
37 (1971) “is designed to permit state courts to try state cases free from interference
by federal courts”). Accordingly, the Motion to Strike is DENIED.
In addition, this Court has sua sponte conducted a review of the docket and
carefully 	considered 	the 	importance 	of 	the 	issues 	presented 	and 	the 	unique
procedural posture of this case. The Court finds that, pursuant to 18 U.S.C.
§3006A(a)(2)(B), the interests of justice require appointment of counsel for the
Petitioner Sherrell C. Towns. It is the finding of the Court that the Petitioner is
financially unable to obtain counsel, is in need of counsel, and is entitled to the
appointment of counsel. Accordingly, pursuant to Rule 8 of the Rules Governing
Section 2254 Proceedings in the District Court, and the provisions of the Criminal
Justice Act, 18 U.S.C. §3006A, the Court appoints CJA Panel Attorney, Tory D.
Bernsen, of Dowd Bernsen, LLC, PO Box 220126, St. Louis, MO 63122 to represent
Petitioner Sherrell C. Towns.
In 	light 	of 	the 	foregoing, 	the 	Court 	hereby 	STAYS 	Respondent 	Jeffrey
Wehking’s deadline to file an Answer to Petitioner Towns’ Petition for Writ of Habeas
Corpus. The Court will set a status conference for this matter by separate order to
determine whether Petitioner Towns intends to file an amended Petition for Writ of
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Habeas Corpus or otherwise set a briefing schedule to move this matter forward as
expeditiously as possible.
IT IS SO ORDERED.
DATED: December 1, 2025
s/ Stephen P. McGlynn
STEPHEN P. McGLYNN
U.S. District Judge
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