Ellerman v. United States of America

Filing 4

ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson and DIRECTING the government to respond to petitioner's habeas corpus petition. Signed by Chief Judge David R. Herndon on 1/28/13. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

CODY F. ELLERMAN,
Petitioner,
vs.

No.

13-CV-0063-DRH

UNITED STATES OF AMERICA,
Respondent.

ORDER

HERNDON, Chief Judge:
Petitioner, currently incarcerated in the USP Marion 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. Service upon the United States Attorney for the
Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois, shall
constitute sufficient service.
1

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

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.
Signed this 28th day of January, 2013.

David R. Herndon
2013.01.28
15:07:44 -06'00'
Chief Judge
United States District Court