Kirk v. Roal

Filing 3

ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson. IT IS HEREBY ORDERED that respondent shall answer or otherwise plead within thirty days of the date this order is entered. Signed by Chief Judge David R. Herndon on 8/13/2012. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DANIEL M. KIRK,
v.

Petitioner,

WENDY ROAL,
Respondent.
Case No. 11-cv-937-DRH
MEMORANDUM AND ORDER
HERNDON, Chief Judge:
Daniel M. Kirk, currently incarcerated in the United States Penitentiary
(“USP”) in Marion, Illinois, brings this habeas corpus action pursuant to 28 U.S.C.
§ 2241 to challenge the constitutionality of lost good time credits. Without
commenting on the merits of petitioner’s claims, the Court concludes that the
petition survives preliminary review under Rule 4 and Rule 1(b) of the Rules
Governing Section 2254 Cases in United States District Courts. 1
IT IS HEREBY ORDERED that respondent shall answer or otherwise plead
within thirty days of the date this order is entered. This preliminary order to
respond does not, of course, preclude the government from raising any objection or
defense it may wish to present. The Magistrate Judge may be required to hold an

1

Rule 1(b) of those Rules gives this Court the authority to apply the rules to other
habeas corpus cases.
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appropriate hearing on the issue of exhaustion of administrative remedies.
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 ADVISED of his continuing obligation to keep the Clerk (and
each opposing party) informed of any change in his whereabouts during the
pendency of this action. This notification shall be done in writing and not later
than seven (7) days after a transfer or other change in address occurs. Failure to
provide such notice may result in dismissal of this action. See FED. R. CIV.P.
41(b).
IT IS SO ORDERED.
Signed this 13th day of August, 2012.

Digitally signed by
David R. Herndon
Date: 2012.08.13
15:34:39 -05'00'
Chief Judge
United States District Court

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