Cramer v. Werlich
MEMORANDUM AND ORDER REFERRING CASE to Magistrate Judge Clifford J. Proud. Signed by Judge David R. Herndon on 3/12/2018. (jaj)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TROY CRAMER, No. 16783-047,
Case No. 18−cv–0258-DRH
MEMORANDUM AND ORDER
HERNDON, District Judge:
Pro se Petitioner Troy Cramer, currently incarcerated in the Federal
Correctional Institution Greenville, 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 a career offender pursuant to
U.S. SENTENCING GUIDELINE § 4B1.1. 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
See United States v. Smith, 668 F. App’x 653 (mem) (7th Cir.
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 April 11, 2018).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
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.
action. See Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?