United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

August 8, 2006

Before

Hon. MICHAEL S. KANNE, Circuit Judge

FLOYD RICHARDSON, ] Appeal from the United Petitioner-Appellee, ] States District Court for ] the Northern District of No. 04-1513 v. ] Illinois, Eastern Division. ] KENNETH R. BRILEY, Warden, ] No. 00 C 6425 Respondent-Appellant. ] ] Matthew F. Kennelly, ] Judge.

Upon consideration of the APPELLEE’S MOTION REQUESTING THAT THE COURT RECALL ITS MANDATE AND CLARIFY ITS MARCH 18, 2005 OPINION AND JUDGMENT, filed on August 3, 2006, by counsel for the appellee,

IT IS ORDERED that the motion is GRANTED to the extent that the final judgment issued on March 18, 2005 is MODIFIED as follows: the second sentence shall now read “ The decision of the district court is REVERSED, the grant of the habeas corpus writ is VACATED and this case is REMANDED to the district court.”