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DUANE v. HARDY

No. 3-11-0845.

975 N.E.2d 1266 (2012)

363 Ill. Dec. 957

Daniel DUANE, Plaintiff-Appellant, v. Marcus HARDY, Defendant-Appellee.

Appellate Court of Illinois, Third District.

September 13, 2012.

Attorney(s) appearing for the Case

Daniel Duane, Joliet, appellant pro se.

Lisa Madigan , Attorney General, Chicago ( Mary C. Labrec , Assistant Attorney General, of counsel), for appellee.

OPINION

Justice O'BRIEN delivered the judgment of the court, with opinion.

¶ 1 Plaintiff Daniel Duane, an inmate at Stateville Correctional Center, brought a mandamus action seeking the trial court order defendant Marcus Hardy, the Stateville warden, to comply with statutory provisions Duane maintains allow him one hour of out-of-cell exercise per day. The trial court dismissed Duane's mandamus petition for failure to state a claim upon...

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