Ochoa v. Johns et al

Filing 3

ORDER directing the U.S. Marshal to serve a copy of the 1 Petition for Writ of Habeas Corpus and a copy of this Order by registered or certified mail upon: (1) the Attorney General of the U.S.; (2) the named Respondent; and (3) the civil process cl erk at the office of the U.S. Attorney for the SDGA. Respondent is hereby ordered to show cause, in writing, why the Petitioner's writ should not be granted within twenty-one (21) days of the date of service. The Clerk is AUTHORIZED and DIRECTED to terminate all Respondents except Warden Tracy Johns upon the docket and record of this case. Signed by Magistrate Judge R. Stan Baker on 3/29/2017. (ca) (Additional attachment(s) added on 3/29/2017: # 1 Prepared USM285-Attorney General of the U.S., # 2 Prepared USM285-Tracy Johns, # 3 Prepared USM285-U.S. Attorney for the SDGA) (ca).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION

JUAN RAMON OCHOA,
Petitioner,

CIVIL ACTION NO.: 5:17-cv-31

v.
TRACY JOHNS, Warden; DHS/ICE San
Diego, CA, Field Office Director; and
ATTORNEY GENERAL OF THE UNITED
STATES, 1
Respondents.

ORDER
Petitioner, an inmate at D. Ray James Correctional Institution in Folkston, Georgia, has
filed an action under 28 U.S.C. § 2241. The record reflects that Petitioner has paid the $5.00
filing fee.
The United States Marshal is hereby directed 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).
Respondent is hereby ordered to show cause, in writing, why the Petitioner’s writ should
not be granted by filing a return and response with the Clerk of Court, Post Office Box 1636,
Brunswick, Georgia, 31521, within twenty-one (21) days of the date of service.

1

The Filed Office Director of DHS/ICE in San Diego, CA and the Attorney General of the United States
are not proper parties in Petitioner’s action. The only proper respondent in a Section 2241 action is the
inmate’s immediate custodian—the warden of the facility where the inmate is confined. See Rumsfeld v.
Padilla, 542 U.S. 426, 434–35 (2004). Accordingly, the Clerk is AUTHORIZED and DIRECTED to
terminate all Respondents except Warden Tracy Johns upon the docket and record of this case.

While this action is pending, Petitioner 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 29th day of March, 2017.

R. STAN BAKER
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

2