Al Ghashiyah (khan), Tayr Kilaab v. Huibregtse

Filing 12

ORDER denying 9 Motion for Reconsideration. Signed by Chief Judge Barbara B. Crabb on 6/26/09. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN

T AY R KILAAB AL GHASHIYAH (KHAN), P e ti ti o n e r , v. P ET E R HUIBREGTSE, Warden, W isconsin Secure Program Facility, R espo nd ent. OR DER 0 9 -c v -2 3 6 -s lc

T ayr K. al Ghashiyah (Khan) has filed a motion for reconsideration of the court's ord er and judgment entered June 2, 2009, dismissing his petition for a writ of habeas corpus. In the order, I found that petitioner's challenge to the Department of Corrections' refusal to release him on parole had to be brought as a § 1983 civil action and could not be raised in a habeas petition. I also found that, to the extent petitioner was challenging his

u nd erlyin g conviction, it was a successive challenge over which this court lacked jurisdiction. N othing in petitioner's motion for reconsideration convinces me that I committed any errors of law or fact in reaching these conclusions. Accordingly,

OR DER IT IS ORDERED that motion for reconsideration filed by Tayr K. al Ghashiyah (K han ) is DENIED. Entered this 26t h of June, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ B AR B AR A B. CRABB D istrict Judge

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