Smith v. Swaney

Filing 2

ORDER Directing USMS Service of Process by registered or certified mail of the #1 Petition for Writ of Habeas Corpus filed by Kenneth Earl Smith, Jr and this Order upon the (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 9/26/24. (wwp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
BRUNSWICK DIVISION
KENNETH EARL SMITH, JR.,
Petitioner,

CIVIL ACTION NO.: 2:24-cv-112

v.
WARDEN G. SWANEY,
Respondent.
ORDER
Petitioner, who is incarcerated at the Federal Correctional Institution in Jesup, Georgia,
filed this 28 U.S.C. § 2241. Doc. 1. The record reflects Petitioner has paid the $5.00 filing fee.
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 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
successive petition bar, absence of custody at the time the petition was filed, mootness, ripeness,
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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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.
Petitioner 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 26th day of September, 2024.

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

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