Williams v. Cross

Filing 5

ORDER REFERRING CASE to Magistrate Judge Clifford J. Proud. IT IS HEREBY ORDERED that respondent shall answer the petition or otherwise plead within thirty days of the date this order is entered. Signed by Chief Judge David R. Herndon on 12/18/2013. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TYRONE WILLIAMS,
No. 14960-026,
Petitioner,
vs.

CIVIL NO. 13-CV-01213-DRH

JAMES CROSS,
Respondent.
MEMORANDUM AND ORDER
HERNDON, Chief Judge:
Petitioner Tyrone Williams, an inmate in the Federal Correctional
Institution at Greenville, Illinois, has filed a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241, challenging the execution of his sentence. More
specifically, Williams contends that respondent Warden Cross failed to properly
consider him for placement in a Residential Reentry Center (“RRC”) for the final
12 months of his sentence. See 18 U.S.C. § 3624(c). According to the petition, the
five-step analysis prescribed by 18 U.S.C. § 3621(b) was not followed, and
Williams was only approved for release six months before the end of his
prescribed term of imprisonment, rather than the maximum 12-month period.
There is insufficient information before the Court upon which to conclude
that dismissal at this preliminary stage pursuant to Rule 4 is appropriate.
Therefore, respondent Cross will be required to respond or otherwise plead.

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IT IS HEREBY ORDERED that 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 State from making
whatever waiver, exhaustion or timeliness 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 United States Magistrate Judge Clifford J. Proud for further
pre-trial proceedings.
IT IS FURTHER ORDERED that this entire matter be REFERRED to
United States Magistrate Judge Clifford J. Proud 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 days after a transfer or other change in address occurs.

David R.
Herndon
2013.12.18
16:51:58 -06'00'

IT IS SO ORDERED.
December 18, 2013

Chief Judge
United States District Court

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