STRICLAND v. UNITED STATES
Filing
13
ORDER. The clerk of court is directed to amend the docket to reflect that PAIGE AUGUSTINE, Warden at FCI Marianna, is the proper Respondent in this action. The clerk shall furnish a copy of the 12 third amended petition to Respo ndent and to the US Atty for this District. Respondent shall have 60 DAYS from the date of docketing of this order to show cause (internal deadline for referral to judge if response not filed earlier: 6/7/2011). Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on April 8, 2011. (petition sent to resp and to USAO) (pmc)
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-EMT STRICKLAND v. UNITED STATES OF AMERICA
Doc. 13
Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION JOSEPH L. STRICKLAND, Petitioner, vs. PAIGE AUGUSTINE, Warden, FCI MARIANNA, Respondent. ______________________________/ ORDER This matter is before the court on Petitioner's third amended petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 (Docs. 12). The proper respondent in a habeas case is generally the petitioner's "immediate custodian," that is, the warden of the facility in which the petitioner is incarcerated at the time he files the habeas petition. Rumsfeld v. Padilla, 542 U.S. 426, 439 (2004). Therefore, Warden Paige Augustine shall be substituted as the proper Respondent in this action and shall be required to respond to the amended petition. Accordingly, it is ORDERED: 1. The clerk of court is directed to amend the docket to reflect that Paige Augustine, Case No. 5:10cv310/RS/EMT
Warden at FCI Marianna, in the proper Respondent in this action. 2. The clerk shall furnish a copy of the third amended petition (Doc. 12) to Respondent
and to the United States Attorney for this District. 3. Respondent shall have SIXTY (60) DAYS from the date of docketing of this order
to show cause, if any, why the requested relief should not be granted. DONE AND ORDERED this 8th day of April 2011.
/s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE
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