Isaacs vs. Napalitano
Filing
13
ORDER REFERRING CASE to Magistrate Judge Stephen C. Williams. Signed by Chief Judge David R. Herndon on 2/11/2013. (kar)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MARK ISAACS, No. 036429437
Petitioner,
v.
JANET NAPOLITANO,
Respondent.
No. 13-cv-00039-DRH
MEMORANDUM AND ORDER
HERNDON, Chief Judge:
The petitioner, Mark Isaacs, is an inmate currently incarcerated at the Tri
County Jail in Ullin, Illinois. Petitioner is seeking a writ of habeas corpus under
28 U.S.C. § 2241 (Doc. 1) challenging the constitutionality of his confinement.
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
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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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.
Petitioner is ADVISED of his continuing obligation to keep the Clerk (and
each opposing party) advised of 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).
Petitioner is further WARNED that he has exceeded the time that the Court
in the Northern District of Illinois granted him to pay his filing fee of $5.00.
Petitioner was past due when the case was transferred to this district and now
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petitioner is more than more than a month overdue paying his filing fee. If the
filing fee is not paid by March 7, 2013, this case will be dismissed.
IT IS SO ORDERED.
Signed this 11th day of February 2013.
Digitally signed by
David R. Herndon
Date: 2013.02.11
14:30:34 -06'00'
Chief Judge
United States District Court
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