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Merrit v. Standiford

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


July 27, 2009

KEVIN MERRIT, (A/K/A EDWARD URBANSKI), PETITIONER,
v.
JANE STANDIFORD, ET AL., RESPONDENTS.

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

ORDER

On October 6, 2008, petitioner Kevin Merritt, a/k/a Edward Urbanski, filed this habeas corpus actions pursuant to 28 U.S.C. § 2254 to challenge the validity of a detainer lodge against him by the State of Illinois (Doc. 1). Specifically, Merritt's petition claims that an outstanding St. Clair County, Illinois petition to revoke probation and bench warrant are preventing him from participating in certain prison programs in Oklahoma and affecting his eligibility for detention in a lower security facility. Currently, Merritt is incarcerated at the John Lilley Correctional Center in Boley, Oklahoma.*fn1

Now before the Court is the Attorney General of Illinois' June 17, 2009 motion to dismiss habeas corpus petition as moot (Doc. 18). Respondent argues that Merritt's petition is moot because Merritt has received the relief he was seeking in that on May 18, 2009, the St. Clair County petition to revoke probation was dismissed and the outstanding bench warrant was quashed. As of this date, Merritt has not responded to the motion to dismiss. Pursuant to Local Rule 7.1(c), the Court considers this failure an admission of the merits of the motion.*fn2 Further, the Court agrees with the Illinois Attorney General that this matter is moot. Here, Merritt no longer has an injury for which this Court can grant relief because the St. Clair County probation revocation petition has been dismissed and Merritt has received the relief sought.

Accordingly, the Court GRANTS the Illinois Attorney General's motion to dismiss habeas corpus petition as moot (Doc. 18). The Court DENIES as moot and DISMISSES with prejudice Merritt's habeas corpus petition pursuant to 28 U.S.C. § 2254. Further, the Court DIRECTS the Clerk of the Court to enter judgment reflecting the same.

IT IS SO ORDERED.

David R Herdo Chief Judge United States District Court


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