UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION
February 9, 2011
RAY CHARLES SPIVEY, PETITIONER,
GUY PIERCE, WARDEN, RESPONDENT.
The opinion of the court was delivered by: Joe B. McDade Joe Billy McDADE United States Senior District Judge
OPINION & ORDER
Petitioner, Ray Charles Spivey, filed the instant Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 on February 7, 2011. (Doc. 1).*fn1 This Petition is in nearly all respects identical to an Amended Petition that was filed by Petitioner in Case 10-cv-1050, and was recently dismissed by this Court as untimely.*fn2 Petitioner filed a Notice of Appeal in that case on February 3, 2011. (Case 10-cv-1050 Doc.23).
Section 2244(b)(1) of Title 28 of the United States Code provides that "a claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior 2254 application shall be dismissed." Accordingly,
Petitioner's Petition for Writ of Habeas Corpus filed in the instant case is DISMISSED. IT IS SO ORDERED.
Entered this 9th day of February, 2011.