PHILLIPS v. WARDEN FCI MARIANNA

Filing 5

ORDER: re 1 Petition for Writ of Habeas Corpus filed by JACK ANDREW PHILLIPS - Correct Respondent is WARDEN, FCC MARIANNA. Clerk directed to serve Respondent, US Attorney General, and US Attorney for this district with petition a nd copy of this order via certified mail, return receipt requested. Respondent shall file answer by 7/25/2011; Petitioner shall file reply by 8/24/2011, if desired. (Internal deadline for referral to judge if response not filed earlier: 7/25/2011)., Replies due by 8/24/2011, if desired.). Signed by MAGISTRATE JUDGE GARY R JONES on 5/25/2011. (Copy of order and petition sent via certified mail, return receipt requested to Respondent, US Atty General, US Atty.) (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

JACK ANDREW PHILLIPS,
Petitioner,
v.

CASE NO. 5:11-cv-134-SPM-GRJ

WARDEN,
FCC MARIANNA1,
Respondent.
____________________________/
ORDER
This matter is before the Court on Doc. 1, a pro se petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2241. Petitioner is a prisoner in the custody of the
Bureau of Prisons. Petitioner paid the filing fee as ordered and also submitted four
service copies of the Petition.
The Court has reviewed the petition, and pursuant to § 2243, the United States
Attorney will be required to file an answer or other appropriate response. Petitioner
shall be afforded an opportunity to file a reply. Upon receipt and review of the
Respondent’s response, any exhibits, and Petitioner’s reply, the Court will determine
whether an evidentiary hearing is warranted. See Rule 8, Habeas Rules. If the Court
determines that an evidentiary hearing is not warranted under Rule 8 and the record is
sufficient to resolve the petition, then the Court will recommend disposition of the
Petition on the basis of the record presented. See id.
1

The petition erroneously nam es the United States of Am erica, FCI Marianna and the Federal
Bureau of Prisons’s Designation and Sentence Com putation Center as Respondents. The correct
respondent in a habeas corpus case is Petitioner’s custodian, the warden of the prison where he is
incarcerated.

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Accordingly, it is ORDERED:
1.

The Clerk shall furnish by certified mail, return receipt requested, a copy
of the § 2241 petition, Doc. 1, and this order to the Respondent, the
United States Attorney General, and the United States Attorney for this
district, who shall file an answer on or before July 25, 2011.

2.

Petitioner shall have until August 24, 2011, to file a reply, if desired.

DONE AND ORDERED this 25th day of May 2011.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge

Case No: 5:11-cv-134-SPM-GRJ