Dupont v. Swaney

Filing 7

ORDER vacating #4 Report and Recommendation; granting #5 Motion for Leave to Proceed in forma pauperis. The Court directs the United States Marshal to serve a copy of the #1 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). Signed by Magistrate Judge Benjamin W. Cheesbro on 5/8/2024. (Attachments: #1 USM 285 - Attorney General, #2 USM 285 - Respondent, #3 USM 285 - Civil Process Clerk) (gmh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
BRUNSWICK DIVISION
OMEGA DEMETRIUS DUPONT,
Petitioner,

CIVIL ACTION NO.: 2:24-cv-41

v.
WARDEN G. SWANEY,
Respondent.
ORDER
Petitioner Omega Dupont (“Dupont”) filed his 28 U.S.C. § 2241 Petition for Writ of
Habeas Corpus. Doc. 1. The Clerk of Court provided Dupont with a deficiency notice, as he had
not moved to proceed in forma pauperis or paid the requisite $5.00 filing fee, and directed
Dupont to respond within 21 days of that notice. Doc. 2. After the deadline had passed and
Dupont had not complied with the deficiency notice, I issued a Report recommending Dupont’s
Petition be dismissed without prejudice because he did not follow a Court directive. Doc. 4.
Dupont has now filed a Motion for Leave to Proceed in Forma Pauperis and a letter in
which he explains he sent his Motion as soon as he received the paperwork. Docs. 5, 6. I
VACATE the April 17, 2024 Report and Recommendation. Doc. 4. Upon review of the Motion
and in consideration of the contents of Dupont’s letter, the Court GRANTS Dupont’s Motion for
Leave to Proceed in Forma Pauperis, subject to objection. Doc. 5.
The Court directs the United States Marshal to serve a copy of the Petition, doc. 1, 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 Dupont’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
successive petition bar, absence of custody at the time the petition was filed, mootness, ripeness,
failure to name the proper respondent, and failure to follow this Court’s Local Rules.
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 which complies with Rule 5 within 21 days of denial of
the motion to dismiss. The Court DIRECTS the Clerk of Court to serve a courtesy copy of this
Order on the United States Attorney for the Southern District of Georgia.
Dupont is cautioned, 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 8th day of May, 2024.

_____________________________________
BENJAMIN W. CHEESBRO
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA
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.

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