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SMITH v. U.S. DIST. COURT

No. 90-1838.

956 F.2d 647 (1992)

Thomas W. SMITH, Jr., Petitioner-Appellant, v. UNITED STATES DISTRICT COURT FOR the SOUTHERN DISTRICT OF ILLINOIS, A. Marvin Helart, Court Clerk, Honorable James L. Foreman, Chief Judge, et al., Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 7, 1992.

As Corrected March 23, 1992.

Attorney(s) appearing for the Case

Carol Doyle, Sidley & Austin, Chicago, Ill. (argued), for petitioner-appellant.

William E. Coonan, Asst. U.S. Atty., Office of U.S. Atty., Civ. Div., Fairview Heights, Ill. (argued), for respondents-appellees.

Before BAUER, Chief Judge, CUDAHY, Circuit Judge, and WILL, Senior District Judge.

WILL, Senior District Judge.

Thomas Smith was sitting in a federal courtroom in the Southern District of Illinois on August 27, 1987 when he heard Magistrate Cohn deny a request by the Illinois Attorney General's Office for an extension of time in a prisoner civil right's case. In denying the extension, the magistrate quoted from a memorandum which included statistics on the number of times the state had requested and received extensions in such cases and which recommended...

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