On June 25, 2011, I received an Order from Judge Babka which was entered on June 20, 2011, in response to my Mem­o­ran­dum and essen­tially dis­miss­ing the case. Foot­note 7 In his Order, Babka does not address any of the issues pre­sented aside from the hold­ing in Lindquist as being a case from 1937, which he said was still good law, and attempt­ing to dis­tin­guish that hold­ing with one from Peo­ple Ex Rel. Daley v. Moran, 94Ill. 2d 41, 445N.E. 2d, 67, Ill. Dec 790. Foot­note 8 I con­tend that the Daley case is not on point for pur­poses of my argu­ment. I do aver, in my Mem­o­ran­dum, that the State’s Attor­ney has sole dis­cre­tion in whether to pros­e­cute, but pros­e­cu­tion and arrest are two dif­fer­ent matters.