Cain v. Sherrod

Filing 4

ORDER REFERRING CASE to Magistrate Judge Clifford J. Proud; and Granting 2 MOTION for Leave to Proceed in forma pauperis. Signed by Judge J. Phil Gilbert on 2/27/2009. (jwt)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS HANSEL E. CAIN, Petitioner, vs. W.A. SHERROD, Respondent. ) ) ) ) ) ) ) ) )

CIVIL NO. 08-cv-678-JPG

MEMORANDUM AND ORDER GILBERT, District Judge: Petitioner filed this action pursuant to 28 U.S.C. § 2241challenging the manner in which the Federal Bureau of Prisons is calculating his federal sentence. He also seeks leave to proceed in forma pauperis (Doc. 2). IT IS HEREBY ORDERED that the motion for leave to proceed in forma pauperis (Doc. 2) is GRANTED. IT IS FURTHER ORDERED that Respondent shall, within twenty-three (23) days of receipt of this application for Writ of Habeas Corpus, answer and show cause why the writ should not issue. Service upon the United States Attorney for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois, shall constitute sufficient service. IT IS FURTHER ORDERED that pursuant to Local Rule 72.1(a)(2), this cause is referred to a United States Magistrate Judge for further pre-trial proceedings. IT IS FURTHER ORDERED that this entire matter be referred to a United States Magistrate Judge for disposition, as contemplated by Local Rule 72.2(b)(2) and 28 U.S.C. §

636(c), should all the parties consent to such a referral. Petitioner is under a continuing obligation to keep the Clerk and each opposing party informed of any change in his whereabouts. This shall be done in writing and not later than seven (7) days after a transfer or other change in address occurs. IT IS SO ORDERED. Dated: February 27, 2009. s/ J. Phil Gilbert U. S. District Judge

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