Williams v. Geter

Filing 5

ORDER Directing USMS Service of Process re 1 Petition for Writ of Habeas Corpus upon: (1) the Attorney General of the United States; (2) the named Respondent; and (3) the civil process clerk at the office of the United States Attorney for the Southern District of Georgia. Signed by Magistrate Judge Benjamin W. Cheesbro on 09/11/2020. (Attachments: # 1 USM-285 Forms) (MG)

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FILED John E. Triplett, Acting Clerk United States District Court By MGarcia at 8:57 am, Sep 11, 2020 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION CHARLES REYNALDO WILLIAMS, Petitioner, CIVIL ACTION NO.: 2:20-cv-94 v. LINDA GETER, Respondent. ORDER Vidhi Joshi with the Federal Public Defender Program filed this 28 U.S.C. § 2241 action on behalf of Petitioner, who is currently housed at the Federal Correctional Facility in Jesup, Georgia. Doc. 1. The record reflects that the $5.00 filing fee has been paid. The Court directs the United States Marshal to serve a copy of the Petition and a copy of this Order by registered or certified mail upon: (1) the Attorney General of the United States; (2) the named Respondent; and (3) the civil process clerk at the office of the United States Attorney for the Southern District of Georgia. See Fed. R. Civ. P. 4(i). The Court orders Respondent to show cause, in writing, why Petitioner’s writ should not be granted by filing an Answer within 21 days of service of the Petition. See Rule 5 of the Rules Governing Section 2254 Petitions.1 If Respondent seeks dismissal or denial of the Petition, Respondent should file, in lieu of an answer, a motion to dismiss or deny the Petition. Grounds for a motion to dismiss include, but are not limited to: failure to exhaust available remedies, untimeliness, failure to state a cognizable claim, procedural default, second or 1 The Rules Governing Section 2254 Cases may also apply to habeas actions brought under Section 2241. Rule 1(b) of the Rules Governing Section 2254 Cases. successive petition bar, absence of custody at the time the petition was filed, mootness, ripeness, and failure to name the proper respondent. Respondent must attach complete copies of all files and records cited in support of a motion to dismiss as exhibits to the motion to dismiss. If Respondent moves to dismiss, and the motion is denied, Respondent must file an answer that complies with Rule 5 within 21 days of denial of the motion to dismiss. Petitioner is cautioned that, while this action is pending, he shall immediately inform this Court in writing of any change of address. Failure to do so will result in dismissal of this case. SO ORDERED, this 11th day of September, 2020. _____________________________________ BENJAMIN W. CHEESBRO UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA 2

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