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McCutcheon v. Lambert

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


November 3, 2006

JOHN VIRGIL MCCUTCHEON, PETITIONER,
v.
GREG LAMBERT, RESPONDENT.

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

MEMORANDUM AND ORDER

Before the Court is Petitioner's "motion for permission to be heard by Seventh Circuit or grant extension of time" (Doc. 7). The Court is not sure whether this motion constitutes a notice of appeal, or whether it is Petitioner's attempt to obtain authorization from the Seventh Circuit to file a second or successive habeas corpus petition. Accordingly, this motion is DENIED.

If Petitioner wishes to appeal this Court's decision, he must file a properly titled notice of appeal in this Court. See FED.R.APP.P. 3(c). If, on the other hand, he wishes to seek permission to file a second or successive habeas corpus petition, he must file that application directly with the Seventh Circuit. See 28 U.S.C. § 2244(b)(3)(A).

IT IS SO ORDERED.

WILLIAM D. STIEHL DISTRICT JUDGE

20061103

© 1992-2006 VersusLaw Inc.



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