Redd v. Cross

Filing 3

ORDER REFERRING CASE to Magistrate Judge Philip M. Frazier. Signed by Chief Judge David R. Herndon on 2/7/2013. (kar)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KENNETH REDD, No. 32209-044
Petitioner,
v.
JAMES CROSS, JR. Warden,
Respondent.

No. 13-cv-00121-DRH
MEMORANDUM AND ORDER

HERNDON, Chief Judge:
The petitioner, Kenneth Redd, is an inmate currently incarcerated at the
United States Penitentiary in Marion, 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
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

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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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).
IT IS SO ORDERED.
Signed this 7th day of February 2013.

Digitally signed by
David R. Herndon
Date: 2013.02.07
12:01:32 -06'00'
Chief Judge
United States District Court

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