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Evans v. Dep't of Corrections

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


September 6, 2006

WILLIAM EVANS, INMATE #B-08677, PETITIONER,
v.
ILLINOIS DEPARTMENT OF CORRECTIONS , ET SEQ., RESPONDENTS.

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

MEMORANDUM AND ORDER

On February 8, 2006, this Court dismissed this action, finding that Petitioner had not exhausted his administrative remedies regarding the challenged disciplinary ticket, nor had he presented his claims to the Illinois courts in a mandamus action pursuant to 735 ILCS 5/14-101 et seq. That dismissal was without prejudice to Petitioner refiling his claims, but only after he had properly exhausted all of his administrative and state court remedies.

Now before the Court is Petitioner's motion to refile his habeas corpus action (Doc. 7); he claims that he has attempted to exhaust all administrative and state court remedies. However, because this action was dismissed without prejudice, Petitioner does not need leave of court to file a new habeas corpus action.*fn1 Accordingly, this motion is DENIED as moot.

IT IS SO ORDERED.

WILLIAM D. STIEHL DISTRICT JUDGE


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