Humphrey v. Brantley

Filing 2

ORDER directing Petitioner to pay the $5.00 filing fee or submit a complete IFP motion with supporting paperwork within 14 days of the date of this Order. Failure to timely comply with this Order may result in a recommendation this case be dismissed without prejudice. (Compliance due by 12/6/2024.) Signed by Magistrate Judge Brian K. Epps on 11/22/2024. (Attachments: #1 IFP form) (gmh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
GREGORY HUMPHREY,
Petitioner,
v.
RICHARD ROUNDTREE, Sheriff,1
Respondent.

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CV 124-213

ORDER
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Petitioner, a pretrial detainee at the Charles B. Webster Detention Center in Augusta,
Georgia, completed a petition for a writ of habeas corpus under § 2241 in response to the
Court’s Order in a related case, which directed Petitioner to clarify whether he intended to
bring a § 1983 civil rights action or § 2241 habeas corpus petition. See Humphrey v. Williams
et al., CV 124-177, doc. no. 3 (S.D. Ga. Oct. 9, 2024) (hereinafter “CV 124-177”). Because
Petitioner seeks to pursue both case types, (CV 124-177, doc. nos. 4, 5), Petitioner’s habeas
corpus case shall proceed in the above-captioned case.
However, Petitioner did not submit a separate in forma pauperis (“IFP”) motion nor
pay the $5.00 filing fee to proceed with his § 2241 habeas corpus petition. Accordingly, the

The Court DIRECTS the CLERK to update the docket in accordance with the above caption
because the proper Respondent is Richmond County Sheriff Richard Roundtree, who oversees Charles B.
Webster Detention Center, Petitioner’s current place of detention. 28 U.S.C. § 2242 (explaining petition
must name “the person who has custody over him”); see also Snowden v. Young, No. 1:19-CV-00184,
2020 WL 13982916, at *1 (M.D. Ga. Apr. 21, 2020) (concluding proper respondent for pretrial detainee’s
§ 2241 petition was the county sheriff).
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Court DIRECTS the CLERK to attach a copy of the appropriate IFP paperwork, Form AO
240, stamped with the above case number, to Petitioner’s service copy of this Order. To
proceed with his § 2241 habeas corpus petition in the instant case, Petitioner must either pay
the $5.00 filing fee or submit a complete IFP motion, with supporting documentation, within
fourteen days of the date of this Order. Failure to timely comply with this Order may result in
a recommendation this case be dismissed without prejudice. The Court further reminds
Petitioner to submit all filings related to his § 2241 habeas corpus petition under the above
case number, CV 124-213.
SO ORDERED this 22nd day of November, 2024, at Augusta, Georgia.

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