United States District Court, S.D. Illinois
August 9, 2005.
ADRIAN L. JACKSON, Petitioner,
STEPHEN D. MOTE, Respondent.
The opinion of the court was delivered by: CLIFFORD PROUD, Magistrate Judge
Petitioner has filed a "Motion to Appeal," which the Clerk of
Court construed as a notice of appeal, in turn causing this
action to be stayed. (Doc. 54). Petitioner's "Motion to Appeal"
is actually a notice informing the Court that his appeal was
ruled on November 4, 2004. Additional documentation has been
produced confirming that the Appellate Court of Illinois, Fifth
District, affirmed the circuit court's dismissal of the
post-conviction petition without an evidentiary hearing based on
the insufficiency of the petition. (Doc. 55, Ex. 59-63).
IT IS THEREFORE ORDERED that the Clerk of Court shall lift
the stay and have the record reflect that petitioner's "Motion to
Appeal" (Doc. 54) is actually a "notice" regarding the status
of his state court post-conviction petition.
IT IS SO ORDERED.
© 1992-2005 VersusLaw Inc.