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U.S. EX REL. AVILA v. AHITOW

No. 91 C 7326.

791 F.Supp. 197 (1992)

UNITED STATES ex rel. Carlos AVILA, Petitioner, v. Rodney AHITOW, Warden, Illinois River Correctional Center, et al., Respondents.

United States District Court, N.D. Illinois, E.D.

March 26, 1992.

Attorney(s) appearing for the Case

Carlos Avila, pro se.

Marcia L. Friedl, Terence Madsen, Illinois Atty. General's Office, Chicago, Ill., for respondents.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Petitioner Carlos Avila seeks a writ of habeas corpus under 28 U.S.C. § 2254. Respondents now move to dismiss Avila's petition for failure to exhaust available state remedies prior to seeking federal relief as required by 28 U.S.C. § 2254(b). For the reasons as set forth below, respondents' motion to dismiss is granted without prejudice.

I...

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