Rosiles-Camarena et al v. Pollard et al
Filing
4
ORDER REFERRING CASE to Magistrate Judge Philip M. Frazier and directing the government to file a response to petitioner's habeas corpus petition. Signed by Chief Judge David R. Herndon on 8/15/12. (klh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MIGUEL ANGEL
ROSILES-CAMARENA,
Petitioner,
v.
CAPTAIN RANDY POLLARD,
et al.,
Respondents.
No. 12-0902-DRH
ORDER
HERNDON, Chief Judge:
Miguel Angel Rosiles-Camarena, currently incarcerated in the Jefferson County
jail in Mount Vernon, Illinois, brings this habeas corpus action pursuant to 28 U.S.C.
§ 2241 to challenge the constitutionality of his detention and attempted removal from
the United States by the Department of Homeland Security. 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 respondents 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 respondents from raising any objection or defense
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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they 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. The Clerk of the Court is also directed to send a copy of this Order
to the Jefferson County Jail in Mount Vernon, Illinois.
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.
Digitally signed by
David R. Herndon
Date: 2012.08.15
13:23:07 -05'00'
Signed this 15th day of August, 2012.
Chief Judge
United States District Court
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