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Evans v. Illinois Department of Corrections

United States District Court, S.D. Illinois
Sep 19, 2006
Civil No. 06-671-GPM (S.D. Ill. Sep. 19, 2006)

Opinion

Civil No. 06-671-GPM.

September 19, 2006


MEMORANDUM AND ORDER


Petitioner, an inmate in the Pinckneyville Correctional Center, brings this habeas corpus action pursuant to 28 U.S.C. § 2254. Although the allegations are sketchy, it appears that he is challenging the validity of a disciplinary proceeding that resulted in the loss of good conduct credit.

The petition is not prepared on the forms provided in this district for such an action. By not using this district's form, Petitioner neglected to provide any details regarding the disciplinary proceeding — when it occurred, what he was charged with, or what administrative remedies he sought following the pronouncement of his guilt and resulting punishment. He also neglected to provide copies of the ticket, the Adjustment Committee Summary, or the final decision of the Administrative Review Board. Consequently, he has failed to state a claim upon which relief may be granted, and the petition shall be dismissed without prejudice. Should Petitioner wish to file an amended petition within the allotted time, it should be on this district's forms so as to guide him in providing all the necessary information. Further, he shall attach copies of the relevant documents listed above.

IT IS HEREBY ORDERED that the petition is DISMISSED without prejudice for failure to state a claim. Petitioner is GRANTED leave to file an amended petition on the appropriate forms in compliance with this order within THIRTY (30) DAYS of entry of this order. The Clerk is DIRECTED to provide Petitioner with a sufficient number of the appropriate forms.

IT IS FURTHER ORDERED that any amended petition filed by Petitioner that is not in strict compliance with this order shall be STRICKEN. IT IS FURTHER ORDERED that, upon conclusion of the thirty-day period, should Petitioner fail to file an amended petition in compliance with this order, this case will be dismissed with prejudice for failure to comply with an order of this Court. FED. R. CIV. P. 41(b); see generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994).

IT IS SO ORDERED.


Summaries of

Evans v. Illinois Department of Corrections

United States District Court, S.D. Illinois
Sep 19, 2006
Civil No. 06-671-GPM (S.D. Ill. Sep. 19, 2006)
Case details for

Evans v. Illinois Department of Corrections

Case Details

Full title:WILLIAM EVANS, Petitioner, v. ILLINOIS DEPARTMENT OF CORRECTIONS, et al.…

Court:United States District Court, S.D. Illinois

Date published: Sep 19, 2006

Citations

Civil No. 06-671-GPM (S.D. Ill. Sep. 19, 2006)