Smedley v. Roal

Filing 4

ORDER REFERRING CASE to Magistrate Judge Philip M. Frazier. Signed by Chief Judge David R. Herndon on 8/9/2012. (mtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LAWRENCE SMEDLEY, 07953-033,
Petitioner,
v.
WENDY J. ROAL, Warden,
USP Marion,
Respondent.

Case No. 12-cv-3-DRH
MEMORANDUM AND ORDER

HERNDON, Chief Judge:
Before the Court is petitioner Lawrence Smedley’s petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. 1). Petitioner, currently
incarcerated at USP Marion, challenges the execution of his sentence. 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 the petition 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
making whatever waiver, exhaustion, or timeliness arguments it may wish to

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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present.

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.
IT IS FURTHER ORDERED that petitioner shall either pay the full filing
fee of $5.00 for this action or file a motion to proceed in forma pauperis by
September 10, 2012. Payment of the $5.00 filing fee shall be sent to: United
States District Court, Clerk’s Office, 750 Missouri Avenue, P.O. Box 249,
East St. Louis, Illinois, 62201. At the time payment is made, petitioner’s name
and the case number assigned to this action shall be clearly identified. Should
petitioner fail to comply with this Order, this case may be dismissed. See Fed. R.
Civ. P. 41(b); Ladien v. Astrachan, 128 F.3d 1051, 1056-57 (7th Cir. 1997);
Johnson v. Kamminga, 34 F.3d 466, 468 (7th Cir. 1994).
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

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than seven 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.

Digitally signed by
David R. Herndon
Date: 2012.08.09
10:06:44 -05'00'

41(b).
IT IS SO ORDERED.
Signed this 9th day of August, 2012.

Chief Judge
United States District Court

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