Cooley v. Werlich

Filing 3

ORDER REFERRING CASE to Magistrate Judge Clifford J. Proud. Signed by Judge David R. Herndon on 10/19/2017. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JERRY HOWARD COOLEY,
No. 24481-044,
Petitioner,

Case No. 17−cv–1082-DRH

vs.
T.G. WERLICH,
Respondent.

MEMORANDUM AND ORDER
HERNDON, District Judge:
Pro se Petitioner Jerry Cooley, 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 challenges his enhanced
sentence as a career offender based on a prior robbery conviction in Missouri.
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.
Disposition
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IT IS HEREBY ORDERED that Respondent Werlich shall answer or
otherwise plead within thirty days of the date this order is entered November 20,
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 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 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.

Judge Herndon
2017.10.19
16:27:22 -05'00'

41(b).
IT IS SO ORDERED.

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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