Ellison v. Hodge

Filing 9

ORDER DISMISSING CASE: IT IS ORDERED that the petition (Doc. 1 ) is DISMISSED without prejudice. The pending motion for leave to proceed in forma pauperis (Doc. 2 ) shall be DENIED AS MOOT. Signed by Chief Judge David R. Herndon on 3/4/2014. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BENNIE K. ELLISON,
No. R00575,
Petitioner,
vs.
MARC HODGE,
Respondent.

Case No. 13-cv-01186-DRH

MEMORANDUM AND ORDER
HERNDON, Chief Judge:
Introduction and Background
Petitioner Bennie K. Ellison is in the custody of the Illinois Department of
Corrections. Ellison filed a petition for writ of habeas corpus pursuant to 28
U.S.C. § 2241, attacking his state conviction(s) and seeking exoneration and
immediate release from prison (Doc. 1). After a preliminary review of the petition
pursuant to Rule 4 of the Rules Governing Section 2254 Cases in United States
District Courts, the petition was dismissed without prejudice and with leave to
amend by February 21, 2014 (Doc. 7).

The Court noted that, in addition to the

petition mirroring Ellison’s pending civil rights action, it appeared that he had not
exhausted state remedies before filing his petition. Accordingly, petitioner was
warned that failure to file an amended petition would result in the dismissal of
this action without prejudice.

Ellison has elected not to file an amended petition.

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IT IS THEREFORE ORDERED that the petition (Doc. 1) is DISMISSED
without prejudice.

Judgment shall enter accordingly and this action will be

closed. The pending motion for leave to proceed in forma pauperis (Doc. 2) shall
be DENIED AS MOOT.
IT IS SO ORDERED.
Signed this 4th day of March, 2014.

Digitally signed by
David R. Herndon
Date: 2014.03.04
16:38:33 -06'00'
Chief Judge
United States District Court

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