habeas corpus application subject to Section 2244(b)(3)(A) ( Benton v. Washington, 106 F.3d 162, 163-64 (7th Cir. 1996), followed in Felder v. McVicar, 113 F.3d 696, 697 (7th Cir. 1997)).
But Murray faces the same fate of summary dismissal of his current Petition on the selfsame ground. Despite the clarity of Judge Duff's memorandum order in pointing to the Illinois remedy that our Court of Appeals has identified as available to prisoners in Murray's situation, he did not thereafter seek relief via a mandamus petition. Instead page 14 of Murray's lengthy current Petition reflects that he filed a habeas corpus petition in the Circuit Court of Cook County (see also Petition App. F) later in 1994, and when that was not acted on he says that he filed an original petition for writ of habeas corpus in the Illinois Supreme Court some time in June 1997.
That simply does not satisfy the requirements of Section 2254(b)(1)(A) and (c) that require Murray "to have exhausted the remedies available in the courts of the State" as a precondition to seeking or obtaining federal habeas relief. And this is not a matter of his being trapped in the type of procedural maze that three Justices decried a half-century ago in Marino v. Ragen, 332 U.S. 561, 562, 92 L. Ed. 170, 68 S. Ct. 240 (1947) (Rutledge, J., concurring)--here Judge Duff expressly identified Murray's procedural path that our Court of Appeals had marked out in Johnson, but Murray failed to pursue that avenue. Indeed, even on Murray's own statement it seems that he has not played out the string on the path that he did pursue (see n.2).
Accordingly this Court summarily dismisses the Petition pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. Two final points:
1. This disposition moots Murray's accompanying Motion, which is therefore denied on that ground. But Murray's attention is also called to the fact that if he were later to renew his efforts to obtain habeas relief, he would have to provide an appropriate response to the part of the Motion form that requires him to show what attempts he has made on his own to retain counsel to represent him.