Darnell v. United States of America

Filing 6

ORDER REFERRING CASE to Magistrate Judge Philip M. Frazier. Order also directs the government to respond within 30 days. Signed by Chief Judge David R. Herndon on 1/24/2013. (kar)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KAREN S. DARNELL, No. 09632-033
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

No. 13-cv-00008-DRH
MEMORANDUM AND ORDER

HERNDON, Chief Judge:
The petitioner, Karen S. Darnell, is an inmate currently incarcerated at the
Federal Correctional Institution in Greenville, Illinois with a projected release date
of August 8, 2013. Petitioner is seeking a writ of habeas corpus under 28 U.S.C.
§ 2241 (Doc. 1).

Petitioner claims the Bureau of Prisons (“BOP”) failed to

properly evaluate her request for transfer to a Residential Re-entry Center (“RRC”)
in violation of 18 U.S.C. § 3621(b). Petitioner specifically claims she was given an
inadequate time of only five months in an RRC rather than a higher amount up to
the maximum of twelve months after BOP failed to consider her request under the
proper five factor analysis mandated by 18 U.S.C. § 3621(b).

Without

commenting on the merits of the petitioner’s claims, the Court concludes that the

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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 the 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 24th day of January 2013.

Digitally signed by
David R. Herndon
Date: 2013.01.24
15:42:04 -06'00'
Chief Judge
United States District Court

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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