Henson v. Jefferson County et al

Filing 8

ORDER that due to Petitioner's failure to file an amended petition, the dismissal of grounds 2 and 3 of the petition is now WITH PREJUDICE. Signed by Chief Judge David R. Herndon on 10/4/2011. (beb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

EDDIE HENSON,

)
)
Petitioner,
)
)
vs.
)
)
JEFFERSON COUNTY, ILLINOIS,
)
and THE ATTORNEY GENERAL OF )
THE STATE OF ILLINOIS,
)
)
)
Respondents.

CIVIL NO. 10-cv-1049-DRH

MEMORANDUM AND ORDER
HERNDON, Chief Judge:
This action is before the court for docket control. On August 16, 2011, the
petition for writ of habeas corpus was dismissed without prejudice (Doc. 7).
Petitioner was granted leave to file an amended petition as to grounds 2 and 3 no
later than September 20, 2011, in order to demonstrate that his original petition was
timely filed, if he could document its timeliness. Petitioner was warned that if he
failed to file an amended petition by the deadline, the dismissal of grounds 2 and 3
would become a dismissal with prejudice. The deadline has now passed, and
petitioner has not submitted an amended petition.
IT IS THEREFORE ORDERED that the dismissal of grounds 2 and 3 of the
petition is now WITH PREJUDICE. See FED. R. CIV. P. 41(b). The Clerk is directed

Page 1 of 2

to enter judgment accordingly.

Digitally signed
by David R.
Herndon
Date: 2011.10.04
14:41:47 -05'00'

IT IS SO ORDERED.
Dated: October 4, 2011

Chief Judge
United States District Court

Page 2 of 2