IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
March 19, 2011
CALVIN LOCKHART, PETITIONER,
JAMES N. CROSS, RESPONDENT.
The opinion of the court was delivered by: Herndon, Chief Judge
Before the Court is a letter from petitioner Calvin Lockhart (Doc. 21) asking to withdraw his Petition for Writ of Habeas Corpus (Doc. 1). The basis of Petitioner's grievance was the revocation of his good-time credits by the Federal Bureau of Prisons (Doc. 1, p. 4). Since then Petitioner's incident report has been expunged and his good time restored (Docs. 19 & 1). He therefore agrees with Respondent that the Petition is moot and can be denied (Docs. 19 & 1). Petitioner adds that he needs an order from the Court dismissing the Petition so that he can be transferred to a different facility. However, he has since been transferred to the Federal Correctional Institution in Elkton, Oklahoma, anyway, and Respondent has filed a Motion for Substitution to replace respondent James N. Cross with the warden at the Elkton facility, Robert L. Farley (Doc. 25).
Petitioner's request (Doc. 21) is GRANTED. Accordingly, his Petition for Writ of Habeas Corpus (Doc. 1) is hereby DISMISSED WITHOUT PREJUDICE. Respondent's Motion for Substitution (Doc. 25) is terminated as MOOT. The Court will close the file.
IT IS SO ORDERED.
David R. Herndon Chief Judge United States District Court
2011.03.19 17:11:41 -05'00'
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