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- ilcd;;1:16-cv-01338_de10 RegisterActionDate "2016-10-17" @default.
- ilcd;;1:16-cv-01338_de10 RegisterActionDescriptionText "TEXT ONLY ORDER denying 1 Petition for Writ of Habeas Corpus (2241 & 2254); denying 4 Petition for Writ of Habeas Corpus (2241 & 2254); denying 5 Motion for Status. On October 5, 2016, Petitioner 023F039 filed his 5 Motion for Status, in which he asks to be released on his own recognizance in order to take care of his mother. That motion is secondary to his 1 Petition for Writ of Habeas Corpus and 4 Amended Petition for Writ of Habeas Corpus, in which he seeks relief under 28 U.S.C. § 2254. Petitioner has previously filed an unsuccessful petition under § 2254. See 023F039 v. Bartley, 2010 WL 960372 (N.D. Ill. Mar. 11, 2010). 28 U.S.C. § 2244(3)(A) states "[b]efore a second or successive application is permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application." Because the present petition is a second or successive petition, this Court is without jurisdiction to consider the application. Accordingly, Petitioner's 1 Petition for Writ of Habeas Corpus and 4 Amended Petition for Writ of Habeas Corpus are DENIED. The Court further DENIES Petitioner's 5 Motion for Status, noting that because he was convicted in state court, the Court would be without jurisdiction to release him even if it were to find his claim had merit. The clerk of court is directed to close the case. Entered by Judge Michael M. Mihm on 10/17/2016. (MS1, ilcd) (Entered: 10/17/2016)" @default.
- ilcd;;1:16-cv-01338_de10 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01338_de10 OntologyLabel order @default.
- ilcd;;1:16-cv-01338_de10 hasReferenceToOtherEntry ilcd;;1:16-cv-01338_de0 @default.
- ilcd;;1:16-cv-01338_de10 hasReferenceToOtherEntry ilcd;;1:16-cv-01338_de5 @default.
- ilcd;;1:16-cv-01338_de10 hasReferenceToOtherEntry ilcd;;1:16-cv-01338_de8 @default.