Salley v. United States

Filing 15

MEMORANDUM Signed by the Honorable Milton I. Shadur on 8/27/2009:Mailed notice(srn, )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION In re DANIEL ERIC SALLEY #20557-424, Petitioner. ) ) ) ) ) No. 09 C 4057 (USCA No. 09-3109)

MEMORANDUM This Court has just received from our Court of Appeals a "Notice of Case Opening" and "Notice of Docketing," accompanied by a copy of a pro se "Writ of Mandamus" prepared by federal prisoner Daniel Salley ("Salley") and assigned Court of Appeals Case No. 09-3109. As this memorandum explains, those documents

have been mistakenly directed to this Court. Salley was tried and convicted in 2005 before this Court's colleague Honorable Wayne Andersen. When in March 2009 Salley

filed in the United States District Court for the Middle District of Florida, Orlando Division, a pleading that he captioned a Rule 60(b)(5) Action for Emergency Release, Judge G. Kendall Sharp of that court ordered that the case be transferred to this District Court. Upon receipt of the transferred case in the Clerk's

Office, a docket clerk mistakenly treated the case as assignable at random (resulting in the case being assigned Case No. 09 C 4057 and placed on this Court's calendar), even though this District Court's rules called for a direct assignment to Judge Andersen's calendar. This Court's only involvement in the case has been that of

calling the attention of the Executive Committee to that clerical error via its July 9, 2009 memorandum order (the "Order," copy attached), so that the Executive Committee promptly caused the case to be reassigned--properly--to Judge Andersen's calendar. Contrary to Salley's current statement, this Court's Order did not "deny" Salley's action or otherwise indicate any views on its merit or lack of merit. This Court would be appreciative of any

order that might be entered by the Court of Appeals to correct the record and to direct any further communications to Judge Andersen.

________________________________________ Milton I. Shadur Senior United States District Judge Date: August 27, 2009

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