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IN RE PAGE

No. 99-1145.

179 F.3d 1024 (1999)

In re Thomas F. PAGE, Warden, Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided February 11, 1999.

Supplemental Opinion on Denial of Rehearing June 9, 1999.

Attorney(s) appearing for the Case

Domenica Osterberger, Office of the Attorney General, Chicago, IL, for petitioner.

Alan M. Freedman, Midwest Center for Justice, Ltd., Chicago, IL, for Johnny Neal, Jr., party-in-interest.

Before POSNER, Chief Judge, and EASTERBROOK and MANION, Circuit Judges.

POSNER, Chief Judge.

In our opinion reported at 170 F.3d 659 (7th Cir.1999), we granted at the behest of the state a writ of mandamus directing the district judge to dismiss Neal's second habeas corpus petition because leave to file a second or subsequent petition must be sought from this court. 28 U.S.C. § 2244(b)(3)(A). We pointed out that because the statute is jurisdictional, the judge was acting beyond his jurisdiction in...

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