TON v. WARDEN STEWART DETENTION CENTER et al

Filing 6

ORDER for Response to 5 MOTION to Dismiss Petition filed by Respondent. Ordered by US MAGISTRATE JUDGE AMELIA G HELMICK on 8/28/2024. (mlb)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
T.T.T.,

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Petitioner,
v.
Warden, STEWART DETENTION
CENTER,
Respondent.
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Case No. 4:24-cv-111-CDL-AGH
28 U.S.C. § 2241

ORDER
On August 28, 2024, Respondent filed a Motion to Dismiss Petitioner’s
application for habeas relief (ECF Nos. 5, 1). Under the procedures and policies of
this Court, motions to dismiss are normally decided on briefs. The Court considers
the pleadings and the petition in deciding whether dismissal is appropriate. The
parties may submit their argument to this Court by filing briefs in support of or briefs
in opposition to said motions. Petitioner should respond to Respondent’s Motion to
Dismiss in accordance with this Order.
The law provides that the party against whom dismissal is sought must be
given ten (10) days’ notice of the dismissal rules. In addition, the party upon whom
a motion to dismiss has been filed has the right to file a brief in opposition to a motion
to dismiss. If he fails to file a brief in opposition to the motion to dismiss, a final
judgment may be rendered against him if otherwise appropriate under law.

FAILURE OF PETITIONER TO RESPOND TO AND REBUT THE
LEGAL ARGUMENTS SET FORTH IN RESPONDENT’S BRIEF MAY
RESULT IN SAID STATEMENTS BEING ACCEPTED AS UNCONTESTED
AND CORRECT.
The Court could grant judgment to Respondent and there would be no hearing
or further proceedings regarding this case. Accordingly, Petitioner is notified of his
right to file a response to Respondent’s Motion to Dismiss. Any such response should
be filed within thirty (30) days of the date of this Order. Thereafter, the Court will
consider Respondent’s Motion to Dismiss and any opposition to same filed by
Petitioner and issue its ruling thereon.
SO ORDERED, this 28th day of August, 2024.
s/ Amelia G. Helmick
UNITED STATES MAGISTRATE JUDGE

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