SUTHSAYKHO v. GEORGIA

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)

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.

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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

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