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- ilnd;;1:07-cv-01813_de25 RegisterActionDate "2007-11-28" @default.
- ilnd;;1:07-cv-01813_de25 RegisterActionDescriptionText "MANDATE of USCA dated 10/6/2007 regarding notice of appeal 12 ; USCA No. 07-3046: Ruben Hernandez was convicted of murder in Illinois and sentenced to 60 years imprisonment. Hernandez's first attempt at federal collateral relief under 28 U.S.C. section 2254 was denied. See Hernandez v. Pierce, No. 05 C 4150 (N.D. Ill. Apr. 20, 2006). We denied his request for a certificate of appealability. See Hernandez v. Pierce, No. 06-2563 (7th Cir. Feb. 27, 2007). He has now filed a second petition, arguing that the district court lacked jurisdiction to rule on his first petition because some of the claims it included were not yet exhausted at the state level. The district court dismissed his petition as an unauthorized successive collateral attack. Hernandez has files a notice of appeal, which we construe as an application for a certificate of appealability. This court has reviewed the final order of the district court and the record on appeal. His petition is indeed a second attempt to relitigate the merits of his conviction, and his arguments would have been appropriate to an appeal of his first petition's denial. We note, however, that the claims Hernandez believes were unexhausted were actually procedurally defaulted. Accordingly, the request for a certificate of appealability is denied. (gej, ) (Entered: 11/30/2007)" @default.
- ilnd;;1:07-cv-01813_de25 AdministrativeID "23" @default.
- ilnd;;1:07-cv-01813_de25 hasReferenceToOtherEntry ilnd;;1:07-cv-01813_de13 @default.