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Kueker v. Merchant

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


December 22, 2006

ROBERT J. KUEKER, PETITIONER,
v.
JAY MERCHANT*FN1 , RESPONDENT.

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

ORDER

On May 24, 2005, Robert Kueker, pro se and while an inmate house at the Shawnee Correctional Center filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 to challenge the constitutionality of his confinement (Doc. 1).*fn2 On May 19, 2006, Respondent filed a motion to dismiss the petition for writ of habeas corpus without prejudice for failure to exhaust (Doc. 12). Specifically, Respondent argues that this matter must be dismissed without prejudice because Kueker did not appeal or contest his conviction in any Illinois court. As of this date, Kueker has not responded to the motion to dismiss.*fn3 The Court considers this failure to respond as an admission of the merits of the motion.

Accordingly, the Court GRANTS Respondent's motion to dismiss (Doc. 12). The Court DISMISSES without prejudice Kueker's petition for writ of habeas corpus (Doc. 1). Since the dismissal is without prejudice, the Court will close the case.

IT IS SO ORDERED.

David RHerndon United States District Judge


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