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United States ex rel Bell v. Davis

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


August 2, 2010

UNITED STATES OF AMERICA EX REL. TERREL BELL #B17431, PETITIONER,
v.
RANDY DAVIS, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

SUPPLEMENT MEMORANDUM OPINION AND ORDER

Just one day after this Court issued its July 30 memorandum opinion and order ("Opinion") that dismissed the 28 U.S.C. §2254*fn1 Petition for a Writ of Habeas Corpus ("Petition") filed by state prisoner Terrell Bell ("Bell"), it had occasion to review the latest batch of slip opinions from our Court of Appeals--and it found among them the preceding week's opinion in Griffith v. Rednour, No. 09-2518, 2010 WL 2852631 (7th Cir. July 22, 2010). That case, like this one, involved the timeliness of such a Petition under Section 2244(d)(1)(A), and both the discussion and the holding there have triggered this brief supplement to the Opinion.*fn2

Although Griffith dealt with the acceptance of an untimely filing of a petition for collateral review before the Illinois Supreme Court, while this case involved that court's rejection of an untimely filing, Griffith's analysis of the concept of "final[ity] by the conclusion of direct review" (Section 2244(d)(1)(A)) was totally in harmony with the analysis that this Court employed in the Opinion. Indeed, this case really involves an a fortiori application of the same analytical principles.*fn3


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