Opinion
Civil No. 06-055-WDS.
September 6, 2006
MEMORANDUM AND ORDER
On February 8, 2006, this Court dismissed this action, finding that Petitioner had not exhausted his administrative remedies regarding the challenged disciplinary ticket, nor had he presented his claims to the Illinois courts in a mandamus action pursuant to 735 ILCS 5/14-101 et seq. That dismissal was without prejudice to Petitioner refiling his claims, but only after he had properly exhausted all of his administrative and state court remedies.
Now before the Court is Petitioner's motion to refile his habeas corpus action (Doc. 7); he claims that he has attempted to exhaust all administrative and state court remedies. However, because this action was dismissed without prejudice, Petitioner does not need leave of court to file a new habeas corpus action. Accordingly, this motion is DENIED as moot.
It appears that Petitioner may have already filed a new habeas corpus action about this ticket. See Evans v. Illinois Department of Corrections, Case No. 06-671-GPM (S.D. Ill., filed Aug. 30, 2006).
IT IS SO ORDERED.