Callahan v. Duncan et al

Filing 4

IT IS ORDERED that the Clerk of Court shall STRIKE Callahan's "Order to Show Cause for an [sic] Preliminary Injunction" (Doc. 1) from the record. IT IS FURTHER ORDERED that on or before November 14, 2014, Callahan shall file a plead ing properly initiating a civil action. Failure to file a pleading will result in the dismissal of this action pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). (Amended Pleadings due by 11/14/2014). Signed by Chief Judge Michael J. Reagan on 10/27/2014. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RUSSELL W. CALLAHAN,
No. S12497,
Plaintiff,
vs.
WARDEN STEPHEN DUNCAN,
RANDY STEVENSON,
COUNSELOR WILLIAMS, and
RECORD OFFICE,
Defendants.

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Case No. 14-cv-01039-MJR

MEMORANDUM AND ORDER
REAGAN, Chief Judge:
This case is now before the Court for a preliminary review in accordance with 28 U.S.C.
§ 1915(e)(2). Plaintiff Russell W. Callahan, an inmate in Lawrence Correctional Center, has
filed a draft “Order to Show Cause for an [sic] Preliminary Injunction” (Doc. 1). He contends
that prison officials have failed to give him 54 days of credit for time served, as the state’s
judgment and commitment order indicate (see Doc. 1, p. 3).
No complaint or other pleading initiating an action has been filed, only a draft order. See
FED.R.CIV.P. 3 (“A civil action is commenced by filing a complaint with the court.”). Callahan
has not even submitted a signed motion. In any event, habeas corpus is the exclusive federal
remedy for a state prisoner who challenges the fact or duration of his confinement and seeks
immediate or speedier release. See Preiser v. Rodriguez, 411 U.S. 475, 487-488 (1973). In the
alternative, an action in Illinois circuit court is another possible avenue for challenging the
Department of Correction’s failure to award credits. See generally McAtee v. Cowan, 250 F.3d

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506, 508 (7th Cir. 2001). Callahan will have to determine the route he wants to pursue. At this
juncture the action is subject to dismissal under Sections 1915(e)(2)(B)(i) and (ii). Plaintiff will
be given a brief window of time to file a proper pleading.
IT IS THEREFORE ORDERED that, for the reasons stated, the Clerk of Court shall
STRIKE Callahan’s “Order to Show Cause for an [sic] Preliminary Injunction” (Doc. 1) from
the record.
IT IS FURTHER ORDERED that on or before November 14, 2014, Callahan shall file
a pleading properly initiating a civil action. Failure to file a pleading will result in the dismissal
of this action pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
Finally, Plaintiff is ADVISED that he is under a continuing obligation to keep the Clerk
of Court and each opposing party informed of any change in his address; the Court will not
independently investigate his whereabouts. This shall be done in writing and not later than 7
days after a transfer or other change in address occurs. Failure to comply with this order will
cause a delay in the transmission of court documents and may result in dismissal of this action
for want of prosecution. See FED. R. CIV. P. 41(b).
IT IS SO ORDERED.
DATED: October 27, 2014
s/ Michael J. Reagan
MICHAEL J. REAGAN
CHIEF JUDGE
UNITED STATES DISTRICT COURT

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