Diaz-Morales v. Stone

Filing 7

ORDER Directing USMS Service of Process of this Order and #1 Petition for Writ of Habeas Corpus filed by Juan Carlos Diaz-Morales upon the Attorney General of the United States, the named Respondent, and the civil process clerk at the office of the United States Attorney for the Southern District of Georgia. Signed by Magistrate Judge Brian K. Epps on 11/21/2022. (Attachments: #1 USM 285 - Attorney General, #2 USM 285 - Respondent, #3 USM 285 - Civil Process Clerk) (gmh)

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Case 3:22-cv-00127-DHB-BKE Document 7 Filed 11/21/22 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA DUBLIN DIVISION JUAN CARLOS DIAZ-MORALES, Petitioner, v. WARDEN, FCI FORT DIX, Respondent. 1 ) ) ) ) ) ) ) ) ) _________ CV 322-127 ORDER _________ Petitioner, currently incarcerated at Fort Dix Correctional Institution in Fort Dix, New Jersey, has filed an action under 28 U.S.C. § 2241. The Court GRANTS Petitioner’s motion to proceed in forma pauperis, (doc. no. 5), and DIRECTS the United States Marshal to serve a copy of the petition and 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). Respondent is hereby ordered to show cause, in writing, why Petitioner’s writ should not be granted by filing a return and response with the Clerk of the U.S. District Court, Post Office Box 1130, Augusta, Georgia 30903, within twenty days of the date of service. SO ORDERED this 21st day of November, 2022, at Augusta, Georgia. 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). 1The

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