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Alexander v. Johns

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


May 8, 2006

EDDIE L. ALEXANDER, INMATE #04759- 025, PETITIONER,
v.
TRACY JOHNS AND THE ATTORNEY GENERAL OF THE STATE OF ILLINOIS, RESPONDENT.

The opinion of the court was delivered by: Gilbert, District Judge

MEMORANDUM AND ORDER

On March 6, 2006, Petitioner filed a petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254, in this District in case 06-cv-198-MJR. On March 31, 2006, the Honorable Michael J. Reagan entered an order in that case encouraging Petitioner to refile his petition to include as Respondents his custodian, the Warden at USP-Coleman, and the Attorney General of the State of Illinois.

On April 18, 2006, Petitioner filed the instant petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court believes that the petition filed in this action was mistakenly construed as an attempt to open a new case, when in fact, Petitioner intended to file an amended petition in the above-noted case.

Accordingly, IT IS HEREBY ORDERED that the instant action be CLOSED. The Clerk shall file the petition filed in this action as an amended petition in case 06-cv-198-MJR. To avoid confusion in the future, Petitioner is encouraged to include the case number of that case on every document or piece of correspondence sent to the Court.

IT IS SO ORDERED.

J. Phil Gilbert U. S. District Judge

20060508

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