Madrid v. Stone

Filing 12

ORDERED that the Court VACATES re 8 November 2nd Report and Recommendation. The Court DIRECTS Respondent's counsel to re-serve the motion to dismiss on Petitioner at his new address. Petitioner shall have through and including December 9, 2022, to file a response. If Petitioner fails to respond, the Court will deem the motion unopposed. Signed by Magistrate Judge Brian K. Epps on 11/18/22. (loh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
WILSON MADRID,
Petitioner,
v.
WARDEN, USP ATLANTA,
Respondent. 1

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CV 322-106

ORDER
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Based on Respondent’s recent notice of Petitioner’s address change following closure
of McRae Correctional Facility (“McRae”), it appears the motion to dismiss was served on
Petitioner at McRae on October 6, 2022, a week after he departed for a new prison on
September 29, 2022. (Doc. no. 7, p. 10; doc. no. 11.) Because Petitioner did not receive the
motion to dismiss prior to the Court issuing a recommendation that Respondent’s dispositive
motion be granted, out of an abundance of caution the Court VACATES the November 2nd
Report and Recommendation (Doc. no. 8.)
The Court DIRECTS Respondent’s counsel to re-serve the motion to dismiss on
Petitioner at his new address. Petitioner shall have through and including December 9, 2022,

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The Court DIRECTS the CLERK, to update the docket in accordance with the above caption
to reflect the warden at Petitioner’s current prison as the Respondent. See Rumsfeld v. Padilla, 542
U.S. 426, 434-35 (2004) (explaining proper respondent in § 2241 case is warden of institution where
the petitioner is confined).

to file a response. If Petitioner fails to respond, the Court will deem the motion unopposed.
See Loc. R. 7.5.
SO ORDERED this 18th day of November, 2022, at Augusta, Georgia.

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