March v. Cross
Filing
11
ORDER REFERRING CASE to Magistrate Judge Stephen C. Williams. 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 8/10/2012. (tjk)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DAMARCIS MARCH,
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Petitioner,
vs.
WARDEN J. CROSS,
Respondent.
Case No. 12–cv–0198–DRH
ORDER
HERNDON, Chief Judge:
Damarcis March, currently incarcerated in the USP Florence, brings this
habeas corpus action pursuant to 28 U.S.C. § 2241 to challenge the
constitutionality of his confinement.
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.
1
Service upon the United States
Rule 1(b) gives this Court the authority to apply the § 2254 rules to other habeas
corpus cases.
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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).
Digitally signed by
David R. Herndon
Date: 2012.08.10
16:16:11 -05'00'
IT IS SO ORDERED.
DATED: August 10, 2012
Chief Judge
United States District Court
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