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Bennie K. Ellison v. Illinois Dept of Corrections

United States District Court, Northern District of Illinois


May 23, 2012

BENNIE K. ELLISON
v.
ILLINOIS DEPT OF CORRECTIONS

Name of Assigned Judge Samuel Der-Yeghiayan Sitting Judge if Other or Magistrate Judge than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT

Motions by petitioner Bennie K. Ellison for leave to file application of extraordinary peculiar emergency [6] and [7] are denied.

O[ For further details see text below.] Docketing to mail notices.

STATEMENT

This matter is before the court on Petitioner Bennie K. Ellison's (Ellison) pro se motions. Since Ellison is proceeding pro se, the court has liberally construed his motions. On April 11, 2012, Ellison filed a petition for writ of habeas corpus (Petition) brought pursuant to 28 U.S.C. § 2254. Ellison had previously filed a habeas petition in case number 11 C 6262, and on September 27, 2011, this court dismissed the petition in that case since Ellison had failed to exhaust his state court remedies. On April 23, 2012, the court dismissed without prejudice the Petition since Ellison had still failed to exhaust his state court remedies.

In the instant pro se motions, Ellison indicates that the court should allow him to proceed with the Petition, contending that there is an "extraordinary peculiar emergency/urgency," due to reasons such as his contention that the state courts are "aiding and abetting [Ellison's] unconstitutional and unlawful abduction and kidnaping." (5/14/12 Mot. 1). Ellison has not shown that his Petition should be reinstated or that the court erred in dismissing the Petition.

STATEMENT

Ellison's motions and the attached documents merely reaffirm that he is currently seeking relief from the state courts and has not exhausted his state court remedies. Ellison also requests a "stay of execution," apparently of certain state court orders, and the "immed[iate] release" of information possessed by the public defender. (5/3/12 1). Ellison has not presented any valid basis for relief before this court in the instant motions, and the instant motions are therefore denied.

20120523

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