Currie v. Warden, FCI-Greenville

Filing 4

ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson. Respondent shall answer or otherwise plead within thirty days of the date this order is entered. Signed by Chief Judge David R. Herndon on 1/30/2013.(mtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TOMMY R. CURRIE,
Inmate No. 13899-026,
Petitioner,
vs.
WARDEN,
FCI Greenville, 1
Respondent.

Case No. 13-cv-83-DRH
MEMORANDUM AND ORDER

HERNDON, Chief District Judge:
Petitioner, currently incarcerated at FCI Greenville, brings this habeas
corpus action pursuant to 28 U.S.C. § 2241 as he alleges he was improperly
assessed for halfway house placement under 18 U.S.C. § 2621(b) (Doc. 1, p. 2).
Petitioner states he has not exhausted his administrative remedies, as he does not
have time to complete the process before his pre-release date of May 20, 2013.
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. 2
Filing Fee – Pending Motions
Petitioner filed a motion for leave to proceed in forma pauperis (IFP) in this
The warden at FCI Greenville is James Cross, Jr. Thus, the Clerk is instructed to change
the docket sheet to reflect James Cross, Jr., as the proper respondent. See al-Marri v.
Rumsfeld, 360 F.3d 707, 712 (7th Cir. 2004).
2
Rule 1(b) of those Rules gives this Court the authority to apply the rules to other habeas
corpus cases
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action on January 25, 2013 (Doc. 2), seeking waiver of the $5.00 filing fee for this
action. He states that he is separately mailing a copy of his inmate trust fund
statement. The undersigned Judge shall rule on petitioner’s motion 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
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.
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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 30th day of January, 2013.

Digitally signed by
David R. Herndon
Date: 2013.01.30
15:26:47 -06'00'
Chief Judge
United States District Court

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