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Hadley v. Ryker

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


March 12, 2007

WILLIE B. HADLEY, PETITIONER,
v.
WARDEN RYKER, RESPONDENT.

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

APPEAL No. 07-1387

MEMORANDUM AND ORDER

The Court dismissed this action for lack of jurisdiction, as Petitioner provided no information to show that he had received authorization to file this second petition from the Seventh Circuit Court of Appeals. See 28 U.S.C. § 2244. Now before the Court is Petitioner's motion for reconsideration or, in the alternative, for issuance of a certificate of appealability (Doc. 7). In this motion, he states that he did, in fact, seek leave from the Seventh Circuit to file a second petition. In fact, he even attaches a copy of the response from the Circuit, a response that clearly denies his application to file a second collateral attack. See Hadley v. Bradford, Case No. 06-2534 (7th Cir., decided June 12, 2006). This Court has no power to overrule the determination of the Seventh Circuit, and, therefore, the Court was correct in dismissing this action for lack of jurisdiction.

In short, the motion for reconsideration is DENIED, and the Court DECLINES to issue a certificate of appealability in this matter.

IT IS SO ORDERED.

G. PATRICK MURPHY Chief United States District Judge

20070312

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