Stoldorf v. Werlich
ORDER REFERRING CASE to Magistrate Judge Clifford J. Proud. Signed by Judge David R. Herndon on 10/3/2017. (tjk)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MEMORANDUM AND ORDER
Pro se Petitioner Jesse Stoldorf, currently incarcerated in the Federal
Correctional Institution at Greenville, Illinois, brings this habeas corpus action
pursuant to 28 U.S.C. § 2241. Relying on the recent case of Mathis v. United
States, ––– U.S. ––––, 136 S. Ct. 2243 (2016), he argues that his sentence should
not have been enhanced as an armed career criminal pursuant to 18 U.S.C. §
924(e). This case is now before the Court for a preliminary review of the Petition
pursuant to Rule 4 of the Rules Governing Section 2254 Cases in United States
District Courts. 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). Given the limited record and the still-developing application of Mathis,
it is not plainly apparent that Petitioner is not entitled to habeas relief.
IT IS HEREBY ORDERED that Respondent Werlich shall answer or
otherwise plead within thirty days of the date this order is entered (on or before
November 2, 2017). 1
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
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
IT IS FURTHER ORDERED that this entire matter be
REFERRED to United States Magistrate Judge 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 (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.
Digitally signed by
Judge David R.
UNITED STATES DISTRICT JUDGE
The response date ordered herein is controlling. Any date that CM/ECF should generate in the
course of this litigation is a guideline only. See SDIL-EFR 3.
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