Cruz-Carpio v. Greenwalt

Filing 2

ORDER Directing USMS Service of Process re #1 Petition for Writ of Habeas Corpus filed by Marlon Cruz-Carpio 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. Signed by Magistrate Judge Benjamin W. Cheesbro on 11/20/2020. (Attachments: #1 USM 285 Forms) (MG)

Case 5:20-cv-00146-LGW-BWC Document 2 Filed 11/20/20 Page 1 of 2
FILED
John E. Triplett, Acting Clerk
United States District Court

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

By mgarcia at 3:54 pm, Nov 20, 2020

MARLON CRUZ-CARPIO,
Petitioner,

CIVIL ACTION NO.: 5:20-cv-146

v.
WARDEN D. GREENWALT,
Respondent.

ORDER
Petitioner, an inmate at the Folkston Immigration and Customs Enforcement (“ICE”)
Processing Center in Folkston, Georgia, filed this 28 U.S.C. § 2241 action. The record reflects
that Petitioner has paid a $5.00 filing fee.
The Court directs the United States Marshal 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).
The Court orders Respondent to show cause, in writing, why Petitioner’s writ should not
be granted by filing an Answer within 21 days of service of the Petition. See Rule 5 of the Rules
Governing Section 2254 Petitions.1 If Respondent seeks dismissal or denial of the Petition,
Respondent should file, in lieu of an answer, a motion to dismiss or deny the Petition.
Grounds for a motion to dismiss include, but are not limited to: failure to exhaust available
remedies, untimeliness, failure to state a cognizable claim, procedural default, second or

1

The Rules Governing Section 2254 Cases may also apply to habeas actions brought under Section
2241. Rule 1(b) of the Rules Governing Section 2254 Cases.

Case 5:20-cv-00146-LGW-BWC Document 2 Filed 11/20/20 Page 2 of 2

successive petition bar, absence of custody at the time the petition was filed, mootness, ripeness,
and failure to name the proper respondent. Respondent must attach complete copies of all files
and records cited in support of a motion to dismiss as exhibits to the motion to dismiss. If
Respondent moves to dismiss, and the motion is denied, Respondent must file an answer that
complies with Rule 5 within 21 days of denial of the motion to dismiss.
Petitioner is cautioned that, while this action is pending, he 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 20th day of November, 2020.

_____________________________________
BENJAMIN W. CHEESBRO
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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