Williams v. Cross

Filing 5

ORDER denying 4 MOTION for Leave to File filed by Brian T Williams. This action is DISMISSED without prejudice and with leave to amend the petition to name the correct respondent and to redraft the petition accordingly. IT IS FURTHER ORDERED that within fourteen (14) days from the date of this Order, petitioner Williams shall file an amended petition naming the proper respondent. Failure to file an amended complaint may result in dismissal of thiscase pursuant to Federal Rule of Civil Procedure 41(b). (Action due by 4/16/2013). Signed by Chief Judge David R. Herndon on 4/2/2013. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BRIAN T. WILLIAMS,
No. 11751-026,
Petitioner,
vs.

CIVIL NO. 13-cv-00226-DRH

UNITED STATES OF AMERICA,
Respondent.
MEMORANDUM AND ORDER
HERNDON, Chief Judge:
Petitioner Brian T. Williams is a federal inmate currently incarcerated in
the Federal Correctional Institution at Greenville, Illinois.

On March 7, 2013,

Williams filed this habeas corpus action pursuant to 28 U.S.C. § 2241, Williams
is collaterally attacking his conviction and sentence for conspiracy to distribute
cocaine base. See United States of America v. Williams, No. 99-cr-40059-MMM
(C.D.Ill. Sep. 22, 2000).
The petition names the United States of America as the sole respondent (Doc.
1). The proper respondent in a Section 2241 petition is the petitioner’s jailer, not
the United States.

Rumsfeld v. Padilla, 542 U.S. 426, 442, 447 (2004);

Kholyavskiy v. Achim, 443 F.3d 946, 948–49 (7th Cir. 2006). Therefore, this
Court lacks subject matter jurisdiction over this action.
On March 18, 2013, petitioner Williams moved for leave to amend his
petition to include exhibits (Doc. 4). The proposed amended petition names the

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United States of America as the sole respondent. Consequently, the proposed
amendment would not cure the jurisdictional problem.
IT IS THEREFORE ORDERED that petitioner’s motion to amend the
petition (Doc. 4) is DENIED. This action is DISMISSED without prejudice and
with leave to amend the petition to name the correct respondent and to redraft the
petition accordingly.
IT IS FURTHER ORDERED that within fourteen (14) days from the date of
this Order (on or before April 16, 2013), petitioner Williams shall file an amended
petition naming the proper respondent.

Should the amended petition not

conform to these requirements, it shall be stricken and the entire case may be
dismissed. Failure to file an amended complaint may result in dismissal of this
case pursuant to Federal Rule of Civil Procedure 41(b).
The Court will not accept piecemeal amendments to the original petition.
Thus, the amended petition must stand on its own, without reference to any
previous pleading, and petitioner must re-file any exhibits he wishes the Court to
consider along with the amended petition.
In order to assist petitioner in preparing his amended petition, the Clerk is
DIRECTED to mail Williams a blank “Petition for a Writ of Habeas Corpus Under
28 U.S.C. § 2241” form.
IT IS SO ORDERED.
Signed this 2nd day of April, 2013.

Digitally signed by
David R. Herndon
Date: 2013.04.02
10:47:31 -05'00'
Chief Judge
United States District Court

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