Amos v. Roal

Filing 3

ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson. Signed by Chief Judge David R. Herndon on 9/4/2012. (mtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DAVID ALLEN AMOS, 31876-044,
Petitioner,
v.
WENDY ROAL, Warden,
USP MARION,
Respondent.

Case No. 12-cv-00141-DRH
MEMORANDUM AND ORDER

HERNDON, Chief Judge:
Before the Court is petitioner David Allen Amos’ petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. 1). The petitioner, currently
incarcerated at the United States Penitentiary in Marion, Illinois (“USP Marion”),
is serving a sentence of 140 months imprisonment following his conviction in the
Eastern District of Missouri. The petitioner contends that the Bureau of Prisons’
(“BOP”) has improperly denied him credit for his pre-sentence custody.
Specifically, the petitioner contends that the start date of his federal sentence
should be June 24, 2005 (the date the petitioner was allegedly taken into federal
custody) and not March 31, 2006 (the date the petitioner’s federal sentence was
imposed).

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Without commenting on the merits of the 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
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 SO ORDERED.
Signed this 4th day of September, 2012.

Digitally signed by
David R. Herndon
Date: 2012.09.04
08:42:31 -05'00'
Chief Judge
United States District Court

Rule 1(b) of those Rules gives this Court the authority to apply the rules to other
habeas corpus cases.
1

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