Moon v. Walton

Filing 7

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. This preliminary order to respond does not, of course, preclude the Government from raising any objection or defense 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. Signed by Chief Judge David R. Herndon on 11/26/2012. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DARNELL WESLEY MOON,
Inmate No. 34077-044,
Petitioner,
vs.
J.S. WALTON,
Respondent.

Case No. 12-cv-1152-DRH
MEMORANDUM AND ORDER

HERNDON, Chief District Judge:
Petitioner, currently incarcerated in the Communications Management Unit
at the USP-Marion (“Marion”), brings this habeas corpus action pursuant to 28
U.S.C. § 2241 to seek restoration of 14 days of good conduct credit which he lost
as the result of a disciplinary action (Incident Report No. 2314716) (Doc. 1, p. 2).
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
Filing Fee – Pending Motions
Petitioner filed a motion for leave to proceed in forma pauperis (“IFP”) in
this action on November 5, 2012 (Doc. 2), seeking waiver of the $5.00 filing fee for
this action.

On November 19, 2012, he filed a motion to proceed without

1

Rule 1(b) of those Rules gives this Court the authority to apply the rules to other habeas
corpus cases.
Page 1 of 3

payment of an initial partial filing fee (Doc. 5). In the latter motion, he contends
that although his inmate trust fund account shows a balance of $24.17, his
“available” balance is effectively zero because any funds are encumbered for
previously-incurred court fees, fines, and restitution. The Clerk has requested an
updated inmate account statement from the trust fund officer at Marion (Doc. 6),
and the undersigned Judge shall rule on petitioner’s motions after the receipt of
this information.
A response shall be ordered so that this matter may proceed in a timely
fashion.

However, if petitioner is ultimately ordered to pay the filing fee, this

action shall be subject to dismissal if he does not comply with a payment order.
See FED. R. CIV. P. 41(b).
Disposition
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.

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
Page 2 of 3

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 26th day of November, 2012.

Digitally signed by
David R. Herndon
Date: 2012.11.26
12:20:34 -06'00'
Chief Judge
United States District Court

Page 3 of 3