Filing 6

ORDER directing the petitioner to complete the preferred in forma pauperis form within 14 days of this order. Clerk is directed to change name of respondent to Patrick Gartland. (Compliance due by 10/31/2017.) Signed by Magistrate Judge R. Stan Baker on 10/17/17. (slt)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA WAYCROSS DIVISION FILED Scott L. Poff, Clerk United States District Court By staylor at 3:35 pm, Oct 17, 2017 VILAYSAK SUTHSAYKHO, Petitioner, CIVIL ACTION NO.: 5:17-cv-136 v. PATRICK GARTLAND, 1 Respondent. ORDER Presently before the Court are Petitioner Vilaysak Suthsaykho’s (“Suthsaykho”) Petition for Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2241, and his concurrently filed Motion for Leave to Proceed in Forma Pauperis. (Docs. 1, 2.) Suthsaykho’s Motion was submitted on a form which is not the form this Court prefers its prisoner-petitioners to use when seeking to proceed in this Court without prepayment of fees. In this regard, the Clerk of Court mailed to Suthsaykho at his last known address a blank copy of this Court’s preferred in forma pauperis form. However, there was no attendant compliance deadline established with that mailing. Accordingly, the Court ORDERS Plaintiff to complete the blank in forma pauperis forms within fourteen (14) days of this Order. 1 The only proper respondent in a 28 U.S.C. § 2241 petition 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). As Patrick Gartland is the Warden of the Folkston ICE Processing Center in Folkston, Georgia, the Court DIRECTS the Clerk of Court to change the name of the Respondent from the State of Georgia to Patrick Gartland upon the docket and record of this case. Plaintiff’s failure to abide by this Court’s directives will result in the dismissal of his claims for failure to follow a Court Order. SO ORDERED, this 17th day of October, 2017. R. STAN BAKER UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA 2

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