MEMORANDUM OPINION AND ORDER
SHADUR, District Judge.
Theodore Bacon ("Bacon"), a prisoner at Stateville Correctional Center in Joliet, Illinois, brings this habeas corpus proceeding against Stateville Warden Richard DeRobertis ("DeRobertis"). With no disagreement on the underlying facts, both sides have moved for summary judgment on Count II, the remaining claim in Bacon's petition.
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