LEE v. GROUNDS, 12-cv-1076-DRH-DGW. (2013)
Court: District Court, S.D. Illinois
Number: infdco20130628a76
Visitors: 6
Filed: Jun. 27, 2013
Latest Update: Jun. 27, 2013
Summary: MEMORANDUM AND ORDER DAVID R. HERNDON, Chief District Judge. Before the Court is respondent's motion to dismiss petitioner's 28 U.S.C. 2254 petition for failure to exhaust state court remedies (Doc. 15). As respondent filed his motion in March, the time allotted for petitioner to respond has long since passed. Accordingly, pursuant to LOCAL RULE 7.1(c), the Court deems petitioner's failure to respond as an admission of the merits of respondent's motion. See SDIL-LR 7.1(c). Thus, responden
Summary: MEMORANDUM AND ORDER DAVID R. HERNDON, Chief District Judge. Before the Court is respondent's motion to dismiss petitioner's 28 U.S.C. 2254 petition for failure to exhaust state court remedies (Doc. 15). As respondent filed his motion in March, the time allotted for petitioner to respond has long since passed. Accordingly, pursuant to LOCAL RULE 7.1(c), the Court deems petitioner's failure to respond as an admission of the merits of respondent's motion. See SDIL-LR 7.1(c). Thus, respondent..
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MEMORANDUM AND ORDER
DAVID R. HERNDON, Chief District Judge.
Before the Court is respondent's motion to dismiss petitioner's 28 U.S.C. § 2254 petition for failure to exhaust state court remedies (Doc. 15). As respondent filed his motion in March, the time allotted for petitioner to respond has long since passed. Accordingly, pursuant to LOCAL RULE 7.1(c), the Court deems petitioner's failure to respond as an admission of the merits of respondent's motion. See SDIL-LR 7.1(c). Thus, respondent's motion is GRANTED (Doc. 15). Petitioner's claims are dismissed without prejudice.
IT IS SO ORDERED.
FootNotes
1. Randy Grounds is the warden of Robinson Correctional Center, where petitioner is in custody. As petitioner's physical custodian, Warden Grounds is the only proper respondent in this action. See Habeas Corpus Rule 2(a); Fed. R. Civ. P. 25(d); Bridges v. Chambers, 425 F.3d 1048, 1049-50 (7th Cir. 2005). Accordingly, the Clerk is directed to substitute Grounds for Illinois Department of Corrections as respondent in this action.
Source: Leagle
